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Nusantara: Journal Of Law Studies

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Published by PT. Islamic Research Publisher

ISSN : - EISSN : 29643384 DOI : -

Core Subject : Religion, Humanities, Social,

Religion Humanities Law, Crime, Criminology & Criminal Justice

Nusantara: Journal Of Law Studies is a double-blind peer-reviewed journal published by Islamic Research Publisher, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Law Studies (Aim and Scope). The articles of this journal are published tri-annually; March, July, and Desember. Aim and Scope Aim: Nusantara: Journal of Law Studies emphasize the concept and research papers on Law Studies, In particular, papers which consider the following general topics are invited but limited to Law Studies Scope: This Journal specializes in studying the theory and practice of Law, and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Law Studies Islamic Law

Arjuna Subject : Ilmu Sosial - Hukum

Articles 49 Documents

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Interfaith Marriage Perspective of Fiqh Law and Positive Law wahyu, wahyuziaulaq; Ahmad Azmi Perkasa Alam
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Abstract This study examines interfaith marriage from the perspective of fiqh law and positive law. Marriage is the result of affection between a man and a woman, so limiting marriage to religion is one of the conflicts that often occurs, interfaith marriage is something that is difficult to separate, especially those who adhere to the teachings of pluralism in Indonesia. So from here the researcher considers it important to raise the problems that occur in interfaith marriages. In this study the researchers used normative legal research, namely what we know as library law research, namely legal articles carried out by researching based on materials sourced from libraries. Sources of data used by the author of the article in this writing include primary legal materials (binding legal materials). Data collection techniques using library research techniques. The selection of literature is carried out as carefully as possible by considering the author's authority in the field under study. This study also examines in detail the law of interfaith marriage in terms of Islamic law following the as-Syafi'i school, and also links civil law and positive law in Indonesia, as well as the MUI fatwa. Keywords: interfaith marriage, fiqh law, positive law

Maxim Law Fiqh And Its Application During The Covid-19 Pandemic Abdul Hakim
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Fiqh legal maxims is another name for qawaid fiqhiyyah. So the focus of this study is qawaid fiqhiyyah itself, with the main issues that will be asked and discussed about how to apply and apply during the Covid-19 pandemic. This research is a type of library research with data analysis techniques using content analysis. Primary data sources consist of several books and books that discuss and explain qawaid fiqhiyyah. In addition, the author also analyzes various fatwas, articles and opinions of scholars or figures regarding qawaid fiqhiyyah and their application during the Covid-19 pandemic. Based on the results of the sharp analysis that we have carried out, the legal maxims or qawaid fiqhiyyah have made a major contribution in determining the law of an event that occurred during the Covid-19 pandemic. This fact can be ascertained and found in various Islamic studies, both in the form of fatwas, articles and individual opinions. Some of the points of fiqh legal maxims that become the main focus and consideration in determining Islamic law are dar'u al-mafasid muqaddamun 'ala jalbi al-mashalih, al-dhararu yuzalu, al-masyaqqatu tajlibu al-taysir, al-dhararu tubiihu al-mahdzurat and ma ubiiha li al-dharurati yuqaddaru diqadriha. Thus, the presence of these legal maxims has made it easier for Islamic law experts in their application to decide and establish laws against cases faced by the world's Muslim community, especially in Indonesia during the Covid-19 pandemic.

Problems with choosing a mate in Islam for people who choose a mate through Social Media Musda Asmara; Lilis Sahara
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

: This study aims to determine the problem of choosing a mate through social media. This research is included in the type of descriptive qualitative research. The data collection technique used in this research is documentation. This study concludes that there are many problems and consequences that occur when deciding to choose a mate through social media. This can be a lesson for all women and men not to decide to choose a mate through social media. Because in Islam, all steps toward marriage have been regulated. Choosing a mate through social media has the potential to cause harm. The provisions for choosing a mate have been explained in the hadith that choosing a partner is based on four things, 1) because of wealth, 2) offspring, 3) beauty, and 4) religion. Furthermore, in the election on social media, many disadvantages occur because there are many disadvantages compared to the benefits, the law for choosing a mate through Social Media is haram.

Inheritance System Mayorat on the Komering Tribe in Urf Perspective Muhamad Imam Muddin
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Purpose in study this there are 2 ( two ) , viz for knowing how system distribution inheritance according to the customs of the Komeringdi tribe Buay Pemuka District Peliung East Oku Regency , South Sumatra Province and for knowing how review Urf about inheritance the customs of the Komeringdi tribe Buay Pemuka District Peliung East Oku Regency , South Sumatra Province . The research method used is normative sociology . Research type this is Field research ( research field ). Informant in study this is the party concerned , chief custom and society local . Based on results study could concluded namely : 1) Implementation inheritance Majority ethnic group Komering in Buay Pemuka District Peliung conducted when heir already died , that is inheritance fall down to child man oldest as expert responsible heir _ answer to his younger siblings as well as family replace role heir (father) as head family . If in a family the no have child man so son-in-law considered man _ or made successor name family the . 2) Review of Islamic Law against implementation system distribution heritage of the Komering Tribe in Buay Pemuka District Peliung East Oku Regency , South Sumatra Province, When reviewed from law inheritance system distribution treasure inheritance mayor ethnic group Komering no can enforced draft inheritance because many difference Among inheritance Islamic law with inheritance ethnic group Komering . In system his inheritance treasure inheritance more dominant inherited to child man whereas child woman get a third just

Practice Brokerage Services for the Sale and Purchase of Coffee from the Perspective of Syari'ah Economics Maulana Iqbalwa
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

The purpose of this study is to find out how the practice of intermediary services for selling and buying coffee in Tanjung Aur Village, Maje District, Kaur Regency, and to find out how the Sharia Economic Law review is for the practice of intermediary services for buying and selling coffee in Tanjung Aur Village, Maje District, Kaur Regency. The type of research to be carried out is field research) using qualitative research. Informant determined with purposive sampling technique. Became informants in the study are coffee farmers and buying and selling brokers. The number of informants is 14 people. The study's results revealed that: (1) coffee intermediary services in Tanjung Aur Village were carried out between coffee farmers and buying and selling intermediaries. Farmers give power to intermediaries to sell the coffee they get to wholesalers or large buyers of agricultural products. After the coffee is sold, the farmer will receive the proceeds from the sale given by the intermediary. (2) Review of Sharia Economic Law on buying and selling coffee intermediary services in Tanjung Aur Village is illegal. As emphasized in the Al- Qur'an As-Syu'ara verse 183, which means do not harm humans in their rights and do not run rampant on earth by causing damage, and by the rules of fiqh, namely harm should be eliminated. So an act that can cause harm or loss between one party and another is not permissible

Child Playing Online Game in the Sadd al-Zari'ah's Perspective Kurtubi, Muhammad
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Abstract: This study aims to find the sadd al-zari'ah review of children playing online games. This research is qualitative, and the approach taken is normative. The study results show that from the Perspective of sadd al -zari'ah, online games have an impact when children play them continuously, including negligence in time, unruly, declining health, leaving obligations, and reduced interest in learning. Some of these impacts are prohibited, even included in the illegitimate category. Therefore, in terms of sadd al -zari'ah, because the mafsada that is caused is greater than a grave sin, playing games is an act that is forbidden, and parents may even be obliged to prohibit their children from playing. Even so, if children play online games that do not have an impact that causes mafsada, such as setting time and not leaving obligations, parents may not forbid children from playing because playing is the right of children and online games are games that have permissible laws to play. Keywords: Children, Online Games, Sadd al-Zariah

Impact of Gadget Addicts on Family Harmony Perspective of Islamic Law suryaningsih
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

This research examines "the impact of gadget addicts on family harmony from the perspective of Islamic law". This type of research is field research. The research informants were 20 heads of families out of 633 heads of families in Riak Siabun village. The 20 heads of families are believed to be gadget addicts. The author also interviewed several community shops, such as the Head of the Riak Siabun village, the Akbar Study Chairperson and the Regional Representatives Council Chairperson. The study results show that the impact on the family of gadget addicts in the village is the loss of mutual trust between family members, not having time with family, forgetting responsibilities in worship and having a difficult economy and the occurrence of infidelity. The best solution to overcome this is by deliberation among family members by bringing in mediators from religious leaders and the village government

Pancasila As A Philosophical Basis Of Law Formation In Indonesia Setyawan, Vincentius
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Abstract: The significance of legal philosophy in shaping Indonesian law is paramount, with Pancasila serving as the cornerstone of all legal foundations. Mandating that every Indonesian law must derive from Pancasila, it stands as the epitome of legal sources. As the bedrock of legislation and regulations in Indonesia, Pancasila emanates from the fundamental values ingrained in living law. Employing normative legal research methods and a conceptual legal approach, this article delves into the profound influence of Pancasila on the Indonesian legal framework. The findings underscore the colossal role of Pancasila as the philosophical underpinning of prevailing laws and regulations in Indonesia, exerting a substantial impact on the formulation of legal norms. Functioning as a spiritual principle within Indonesian law, Pancasila serves as the bedrock for constructing and shaping the entire Indonesian legal system. This study illuminates the pervasive influence of Pancasila, elucidating its intricate role in the intricate tapestry of Indonesia's legal landscape.

Hadhonah Rights of Children (Not Mumayyis) Based on Compilation of Islamic Law and Child Protection Act Muhammad Fitri Adi
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Abstract: This study aimed to determine the Hadhonah Rights of Children who have not been Mumayiz to Biological Fathers According to the Compilation of Islamic Law (KHI) and Law No. 23 of 2002 Concerning Child Protection. This type of research is qualitative, which produces descriptive data from observations. This research is in the form of an analysis of cases relating to the Decision on hadhanah rights to biological fathers for children who have not mumayyiz according to Compilation of Islamic Law (KHI) and Law Number 23 of 2002, which occurred in the Religious Courts stab. An important finding in this research is the Judge's Consideration in deciding case Number: 1242/Pdt.G/2017/PA.Stb., which gives the hadhanah rights of children who have not been mumayyiz to biological fathers after a divorce, does not follow the provisions of the Compilation of Islamic Law articles 156 and 105, Law No. 1 of 1974 concerning marriage, and Law No. 23 of 2002 concerning child protection.

Environmental Jurisprudence; Environmental Preservation Efforts In Islam Faiz Zainuddin; Imam Syafi'i
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

This research examined environmental fiqh issues. Where in the data analysis with descriptive qualitative research. Moreover, the data collection technique is a library or library research. This study concluded that fiqh contributes to the problem of maintaining environmental harmony by providing rules or codes of ethics for human relations with their environment, such as the prohibition of destroying the environment and the obligation to preserve the environment. This arrangement of environmental law is based on tafsiliy arguments, namely the Qur'an-al-Hadith, and the general principles of legal legislation. When jurisprudence takes part in environmental preservation, it is hoped that there will be a new awareness for all Muslim leaders, especially about environmental issues. They have a great concern for the environment. Penelitian ini mengkaji persoalan fikih lingkungan hidup. Dengan tujuan untuk merumuskan fikih lingkungan yang komprehensip, sistematis dan akuntabel serta bisa menangani persoalan pemanasan global. Dimana dalam analisa datanya dengan penelitian Kualitatif Deskriptif. Dan Teknik pengumpulan data yag adalah pustaka atau library research. Dalam penelitian ini disimpulkan bahwa fikih turut andil dalam persoalan upaya menjaga keharmonisan lingkungan dengan cara memberikan aturan atau kode etik hubungan manusia dengan lingkungannya. Seperti larangan merusak lingkungan dan kewajiban menjaga kelestarian lingkungan. Penataan hukum lingkungan ini di dasarkan kepada dalil-dalil tafsiliy, yakni al-Qur'an-al-Hadist, dan prinsip-prinsip umum legeslasi hukum. Ketika fikih ikut andil dalam pelestarian lingkungan, sangat diharapkan adanya kesadaran baru bagi seluruh mukallaf khususnya kesadaran yang terkait dengan masalah lingkungan. Mereka memiliki kepedulian tinggi terhadap lingkungan.

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OAI Link

Editorial Team

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Reviewer

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Contact Name
Wahyu Abdul Jafar

Contact Email
nusantarajournaloflawstudies@gmail.com

Phone
+6282182429320

Journal Mail Official
nusantarajournaloflawstudies@gmail.com

Editorial Address
Jl. Sukoharjo 58, Kec. Sekampung, 34382, East Lampung, Indonesia.

Location
Kab. lampung timur,

Lampung

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Wahyu Abdul Jafar

Contact Email nusantarajournaloflawstudies@gmail.com

Phone +6282182429320

Journal Mail Official nusantarajournaloflawstudies@gmail.com

Editorial Address Jl. Sukoharjo 58, Kec. Sekampung, 34382, East Lampung, Indonesia.

Location Kab. lampung timur, Lampung INDONESIA

Abstract

Abstract

Abstract

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Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Wahyu Abdul Jafar

Contact Email
nusantarajournaloflawstudies@gmail.com

Phone
+6282182429320

Journal Mail Official
nusantarajournaloflawstudies@gmail.com

Editorial Address
Jl. Sukoharjo 58, Kec. Sekampung, 34382, East Lampung, Indonesia.

Location
Kab. lampung timur,

Lampung

INDONESIA