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Contact Name
Wahyu Abdul Jafar
Contact Email
nusantarajournaloflawstudies@gmail.com
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+6282182429320
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nusantarajournaloflawstudies@gmail.com
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Jl. Sukoharjo 58, Kec. Sekampung, 34382, East Lampung, Indonesia.
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Kab. lampung timur,
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INDONESIA
Nusantara: Journal Of Law Studies
ISSN : -     EISSN : 29643384     DOI : -
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
A Model of Implementing Restorative Justice Perspective of Trong Yowari Traditional Jurisdiction, Jayapura Regency Maryani, Desy; Elvis Rahael, Arie; Rahawarin, Ahmad; Ariyanto; Muslim; Farida Tuharea; Rumalean, Zonita Zirhani; Wahyudi BR
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.069 KB) | DOI: 10.5281/zenodo.17390001

Abstract

This study aims to know and understand the policy of implementing restorative Justice in the judiciary. As well as to know and understand the model of implementing restorative Justice from the perspective of the customary Justice of the Trong Yowari tribe, Jayapura Regency. The method used in this study is empirical juridical research that takes place in the Trong Yowari tribe, Jayapura Regency, with secondary data types with primary, secondary, and tertiary legal data sources, the population of the entire Trong Yowari tribe and samples in Yongsu Desoyo village, data collection techniques through literature study or documents with data analysis techniques using descriptive qualitative data analysis. The results of the study indicate that the policy of implementing restorative Justice in the prosecutor's office is the authority of the public prosecutor to stop prosecution if a case has been settled outside the court provided that: (a) for certain matters of crime, the maximum fine is paid voluntarily or (b) has recovery occurs back to its original state by using a Restorative Justice approach  
The Practice of Buying and Selling Black Market Goods on The Perspective of Islamic Economic Law Khairudin
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (315.692 KB) | DOI: 10.5281/zenodo.17393301

Abstract

The purpose of this study is (1) to reveal how the practice of buying and selling black markets in Ratu Samban District, Bengkulu City. (2) To analyze the review of Islamic economic law on the practice of buying and selling black markets in Ratu Samban District, Bengkulu City. The research method used is a qualitative approach and this type of research is field research. The informant in this study was the seller and consumer. The results of this study revealed that: (1) The practice of buying and selling black markets in Ratu Samban Subdistrict, Bengkulu City, namely, the lack of openness of the seller regarding information on goods sold. For the buying and selling process the same as buying and selling mobile phones in general, where there is a bid process, checking goods, and the payment stage. For the quality of goods is very different from the original version, the difference can be seen through packaging boxes, physical mobile phones, IMEI, and processors. (2) The review of Islamic economic law to buying and selling black market mobile phones, namely: The sale and purchase is included in the sale and purchase that is forbidden in Islam, where this buying and selling contains elements of unclear and incomplete information about the goods sold.
Accuracy of Qibla Direction Mosque at Rest Area Toll Road on the Qibla Jurisprudence Perspective Kusdiyana; Samsudin; Muhammad Wildan Nur Akmal
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (347.595 KB) | DOI: 10.5281/zenodo.17388760

Abstract

This research normatively analyzes the accuracy of the Qibla direction of mosques in public places such as the rest area on Cipali Toll Road. This research approach is qualitative. The results of testing the accuracy of the Qibla direction show that there is a difference between the Qibla direction of the mosque and the Qibla direction calculated by the researcher. The smallest value is 1 degree and the largest value is 28 degrees. The factors causing the inaccuracy of the Qibla direction of the Cipali toll rest area mosque are: 1) Not going through a calculation process, 2) only using a mobile application, 3) and the presence of human error when excavating the foundation of the mosque building. Meanwhile, from the perspective of jurisprudence, there is only one mosque that is still almost included in the scope of al-Ka'bah jihad, namely the al-Firdaus mosque. Penelitian ini  menganalisis secara normatif ketepatan arah kiblat masjid di tempat umum seperti rest area di Jalan Tol Cipali. Pendekatan penelitian ini adalah kualitatif. Hasil pengujian akurasi arah kiblat menunjukkan adanya perbedaan antara arah kiblat masjid dengan arah kiblat yang dihitung oleh peneliti. Nilai terkecil 1 derajat dan nilai terbesar 28 derajat. Adapun faktor penyebab ketidaktepatan arah kiblat masjid rest area tol Cipali adalah: 1) Tidak melalui proses perhitungan, 2) hanya menggunakan aplikasi mobile, 3) dan adanya human error saat penggalian pondasi masjid bangunan. Sedangkan dari segi fikih, hanya ada satu masjid yang masih hampir masuk dalam ruang lingkup jihad al-Ka’bah, yaitu masjid al-Firdaus.
Transactions of Exchanging Intangible Objects With Tangible Objects Are Islamic Law on That Application "ituloh" Wadi, Fajrul; Hendri; Na’ali, Basri
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.246 KB) | DOI: 10.5281/zenodo.17390068

Abstract

This study describes the description of Islamic law regarding transactions of exchanging points for money in the application by the way the user presses the point withdrawal button and selects the desired amount of exchange and merchandising. This type of research is qualitative-empirical, with data collection techniques in the form of observation, interviews, and documentation; and data analysis techniques used are data reduction, presentation, and conclusion. The study's results indicate that in the exchanging of coins for money and merchandise in its application, sighat (transaction) is not directly stated between the parties, but it appears in the deed. The transaction mechanism is described as exchanging intangible goods in the form of coins. The seller makes an exchange by pressing the withdraw money/balance button, and the buyer gives the money sent to the E-wallet Fund Balance and mercerize. In Islamic law, exchanging points for money in the application is allowed because it fulfils the conditions and pillars of buying and selling, illustrated by deeds. Coins are earned by doing missions watching 15-30 minute long videos, and inviting new users. Earning points using a sale and purchase agreement based on the Ju'alah concept remains valid if the commission/reward given is in the form of goods and not money so that the points become valid objects/goods in a sale and purchase transaction. Ijab qobul in transactions is illustrated based on the willingness between parties to exchange points for money. In addition, points exchange transactions for money are also mutually beneficial for both parties.
Contextualization of Employment of Zakat Form The Perspective of Mafhum Muwafaqah Suwarjin
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.305 KB) | DOI: 10.5281/zenodo.17390121

Abstract

This study describes the contextualization of the utilization of zakat assets based on the current context so that zakat assets can be used as social instruments in overcoming various problems faced by modern Muslim society. The method used is the Mafhum Muwafaqah, which extends the meaning of a text from the explicit meaning to the implied meaning as long as the meaning is still correlated with the explicit meaning. No research results have explained this object using the understanding of the muwafaqah approach, so this research contains an element of novelty. This Article concluded that the eight ashnaf targets of zakat as mentioned in the verse in sura al-Maidah 63, are not limited in nature but can be expanded in the scope of meaning. Poor-poor Ashnaf can expand its scope to fund home renovations, pay mortgages/home loans, and pay BPJS Health and BPJS Employment contributions. Muallaf are not limited to people but can expand their reach to legal entities or social institutions, such as muallaf centres, efforts to stem Christianization, publishing books to enlighten people prone to apostasy and others. Freeing enslaved people can broaden the scope of its meaning by providing employment for migrant workers and providing legal assistance to migrant workers who are involved in legal problems in other countries. Gharimin can expand its scope to charitable and philanthropic institutions, Sabilillah can expand to strategic community projects, such as water pipe connections clean, and Ibnu Sabil can expand its reach to provide comfort to volunteers handling natural disasters
State Policy Towards Religious Moderation: A Review Of The Strategy For Strengthening Religious Moderation In Indonesia Fauzan, Fauzan
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17390147

Abstract

In the direction of state policy, religious moderation has been contained in the National Medium-Term Development Plan (RPJMN) for 2022-2024. The Ministry of Religion is one of the institutions explicitly given by the state to carry out government affairs in the field of religion, especially in strengthening religious moderation. This paper aims to analyze the indicators in implementing the strategy to strengthen the policy direction of religious moderation in the ministry of religion. The method uses library research based on analysis from various reference sources, both books and online journals. This paper concludes that strategies to strengthen the direction of religious moderation are grouped into four indicators: 1). national commitment; 2). Tolerance; 3) non-violence; 4) acceptance of local culture. This paper also shows that the strategy of strengthening moderation requires the participation of all parties. In this case, social agents, community leaders, and religious leaders are expected to play an active role in a moderate attitude toward religion
PROHIBITION OF POLYGAMY WOMEN CIVIL SERVANTS IN A GENDER PERSPECTIVE : Criticism Against PP No. 10 of 1983 Jo PP No. 45 of 1990 Yusmita
NUSANTARA: Journal Of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17390174

Abstract

This paper discusses the juridical analysis regarding the prohibition of polygamous female civil servants (PNS). In Indonesia, regulations regarding this prohibition are contained in PP No. 10 of 1983 Jo PP No. 45 of 1990 article 4 paragraph. This research has a normative juridical focus. This type of research is expository analytical, describing and evaluating research topics. The study results indicate that the rules prohibiting female civil servants from becoming second, third, or fourth wives are legally recognized and must be applied and have legal force. However, from a review of Islamic law and higher positive law, namely marriage laws, This should be permissible because work has nothing to do with marriage, as it is permissible for a man to have polygamy with more than two wives under strict conditions. This makes it discriminatory for female civil servants because male civil servants may practice polygamy, while female civil servants may not be polygamous as second, third, and fourth wives. From a gender perspective, it can be concluded that the regulation regarding the prohibition of polygamy in female civil servants contains discrimination against women which does not reflect gender equality and justice, so this regulation needs to be reviewed. If male Civil Servants are allowed to have polygamy, then female Civil Servants should also be allowed to become second, third, or fourth wives. If female civil servants are not allowed to have second, third, and fourth wives, then male civil servants should also not be allowed to have polygamy.
Iddah in a Philosophical, Normative. Juridical, Psychological, Sociological, and Economic Perpective Yusmita
NUSANTARA: Journal Of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17393323

Abstract

Iddah has relevance to human life, including psychological, sociological, economic, and philosophical. The method used in this research is a descriptive-analytical method, with the primary approach being normative juridical. The Review of some of these elements includes: a review of the philosophy of iddah is to see the cleanliness of a wife's womb so that there is no mixing of seeds between two people. This aims to clarify the lineage of a child. Normative and juridical reviews of iddah have been regulated in the Qur'an, Hadith, and the Compilation of Islamic Law. The psychological Review of the iddah period gives the husband time to consider his household, whether it will be disbanded forever or rebuilt by preparing a stronger mentality to build a better household. Sociological Review, women are limited in socializing with people outside the home, especially with men who are not mahram. Meanwhile, from an economic perspective, a woman in the iddah has the right to earn a living from her husband. He is also entitled to a decent place to live. The husband is obliged to settle pending dowry cases or other obligations related to the economy, such as childcare costs, expenses during pregnancy, and expenses needed in daily life
Family Support Obligations From A Hadith Perspective Henderi Kusmidi
NUSANTARA: Journal Of Law Studies Vol. 2 No. 2 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17388613

Abstract

This research aims to comprehensively discuss the issue of family support obligations from the perspective of the hadith of the Prophet Muhammad. This research is library research. The data collection technique used is documentation. The documentation technique was chosen because this study examines hadiths of the Prophet found in several hadith books. The analysis technique used is descriptive qualitative. An important finding in this research is that living is an obligation that must be carried out by the husband as head of the household. Fulfilling the obligation to provide support to the family is considered alms. Thus, if a husband works sincerely to meet the needs of his family, then the husband is like giving alms. The husband's obligation to provide for his wife's needs according to Islamic law is to fulfill household needs in terms of clothing, food and shelter according to the husband's capabilities. Islam does not provide definite standards regarding the limits and amount of maintenance that is the husband's obligation.
The Urgency Of Providing Restitutions For Victims Of Sexual Violence Itok Dwi Kurniawan
NUSANTARA: Journal Of Law Studies Vol. 2 No. 2 (2023): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17388596

Abstract

Criminal acts of sexual violence are crimes that are rife in Indonesia today. Most of the existing laws and regulations in Indonesia only focus on punishment for perpetrators of sexual violence crimes. Meanwhile, victims of sexual violence have not received proper attention, especially with regard to compensation for the losses they have experienced. This article aims to examine the laws and regulations governing the provision of restitution for victims of sexual violence and the problems encountered in providing restitution for victims of sexual violence. The results of this study indicate that granting restitution to victims of sexual violence can be submitted to the Witness and Victim Protection Agency, and the problem in the practice of granting restitution to victims of sexual violence is the lack of government support to provide restitution rights for victims, and not yet there are coercive measures and sanctions against perpetrators of crimes against victims of sexual violence that do not provide restitution.