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Nusantara: Journal Of Law Studies
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 80 Documents
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Advocacy Of Civil Issues And Strengthening Legal Literacy For Religious Extension Workers Through Preventive And Conflict Resolutions Approach Muhammad Romli Shofwan
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.17388586

Abstract

This article discusses civil issue advocacy and efforts to strengthen legal literacy through preventive approaches and confllict resolution approaches. This research uses descriptive qualitative methods with phenomenological observative study techniques, where the author who is  actually one of the  Functional Islamic Extension Counselors is one of the elements actively involved at the time of the problem or event. The results of the analysis show that legal issues, especially civil ones, that occur in the community are very complex, ranging from disputes at the household level such as divorce cases, elopement, guardian adhal, inheritance to domestic violence cases. Likewise, cases whose effects involve more parties such as cases of disputes in determining the direction of Qibla, the legality of the status of waqf land, to cases of religious beliefs or splinter sects that often lead to horizontal conflicts. Using a preventive  approach and a confllict resolution approach, the author tries to elaborate and offer solutions to overcome these problems. The preventive approach is the most effective way, because with this approach it is like the saying  "it is better to prevent than to treat disease". So in essence, the preventive approach is a way to prevent conflict. At the same time, the resolution confllict approach is a method of solving problems where events or conflicts have occurred.
The Precision of Qibla Direction in Masjid Jami' At Beber District: A Comprehensive Study From the Perspectives of Astronomy and Local Scholars Kusdiyana; Akhmad Nadirin; Rifki Al Wafi
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.17388564

Abstract

Mosques play a central role as places of worship for Muslims, yet observations indicate that the qibla accuracy in several mosques in Beber District has not been reassessed since their construction. For instance, Masjid Al-Ma’mur in Ciawigajah Village deviates by 9° 31' from the expected qibla direction. This research aims to assess the qibla accuracy in mosques of Beber District and explore the responses from scholars and the perspective of celestial science regarding this inaccuracy. The research methodology is qualitative with a field research approach. The Mizwala Qibla Finder (MQF) is utilized as a tool for measuring qibla accuracy. Primary data is obtained through observations, interviews, documentation, and secondary data from relevant literature. Data analysis is conducted using a descriptive-verification approach. Among the ten mosques studied, three exhibit deviations in qibla direction. Scholars like KH. Ahmad highlight the seriousness of this issue as it can impact the direction of prayer. However, other scholars, such as KH. Muhtadi, suggest that technical aspects like qibla direction should not be overly emphasized. Scholars' responses and the celestial science perspective provide diverse insights into the significance and handling of qibla accuracy issues within the context of diverse worship practices in mosques of Beber District
Dialectics of Jurisprudence, Science, and Tradition Analysis of the Accuracy of the Qibla Direction of Sentot Ali Basya Cemetery Badrut Taman; Doki Hermansyah; Harahap, Rindom; Agutini; Japarudin; Imam Mahdi
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.17388710

Abstract

This research examines the direction of the old grave of Sentot Ali Basya, which tends to accurately align with the qibla compared to the new cemetery in the city of Bengkulu. The ironic condition where the qibla direction in the new cemetery cannot be as accurate as the old cemetery becomes the uniqueness of this study. Data on the accuracy of the qibla direction in the cemetery were obtained through field observations, while social-religious data related to the development of fiqh schools, the level of knowledge, and Islamic traditions in the community of Bengkulu were explored through historical literature on Islam in Bengkulu. This research found that the people of Bengkulu in 1885, the year of Sentot Ali Basya's death, already had a high civilization in the fields of fiqh, science, and tradition. The people of Bengkulu in the 19th century adhered to the Shafi'i fiqh school. This school entered Bengkulu through preachers, including Sentot Ali Basya. In this school, rules regarding the qibla direction of the deceased were highly regarded, to the extent that a corpse not facing the qibla had to be reoriented towards the qibla, even if it required exhuming the grave. In terms of science, knowledge of navigation was still prevalent among the people of Bengkulu, partly because many residents worked as fishermen and also due to the indirect contribution of navigation methods, including the qibla direction, brought by traders sailing to Bengkulu.
Efforts to Form Sakinah Families for User Clients Drug Rehabilitation Houses in East Java Hawa Hidayatul Hikmiyah
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.17388649

Abstract

Drug abuse is important, dynamic and complex to handle. This is proven by data from the National Narcotics Agency (BNN), the number of drug cases that have been handled by the responsible parties, cases included in the handling is 43,657 cases, North Sumatra has the most cases with 6,285 cases, 5,237 cases are in Jakarta and East Java—third place with the highest number of drug use cases, namely 4,752 cases. The type of research used is field research. Namely, this research is field research to obtain objective, actual and robust data. This type of research is carried out to deal with cases in the field growing in the community. Based on the Qur'an, Surah ar-Rum verse 21 indirectly contains the meaning of sakinah, which means peace. There are different meanings, but they contain the same meaning, namely sakinah, which can be interpreted as harmony, or it can also be called peace and comfort. Referring to what has been stated above, a common thread can be drawn: sakinah means a family in which there is something comfortable, peaceful, and calm both physically and mentally.
The Absence of Constitutional Complaints in the Authority of the Constitutional Court Regarding the Protection of Public Benefit Rights in Indonesia Dinda Rambe
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.17388677

Abstract

The majority of constitutional complaints that enter the Constitutional Court are constitutional, but because they are not meant to be the authority of legal examination of the 1945 UUD, the Court often rejects them and allows them to take place "justiced delayed". This journal will dig deeper into some of the differences of previous research, namely the impact of the absence of a Constitutional Complaint on the protection of citizens' rights. This research is a library study, using secondary data sources. The research typology used in this study is explanatory. In this study, the study will focus on the theoretical and practical studies related to the impact of the absence of constitutional complaint legal mechanisms in Indonesia. While the data analysis methods used are qualitative, they are more focused on trying to interpret a particular situation. The absence of a legal effort against the constitutional complaint that is within the jurisdiction of the Constitutional Court would diminish Indonesia's legitimacy as a modern democratic state of law because of the absence in the public of legal efforts to question the treatment of the ruling authority that allegedly violates a person's constitutional rights.
Dismissal Of Civil Servants Those Who Commit Office Crimes Based On The Court Ruling Which Has Permanent Legal Force Suparno, Suparno
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.17388627

Abstract

The existence of differences in interpretation of PTDH legal norms for civil servants who commit office crimes based on court decisions that have permanent legal force causes differences in the application of law enforcement in practice, some are dishonorably dismissed, and some are not dismissed. This studi is a normative legal research method, using a statutory approach and a conceptual approach, analysis of legal materials is carried out in a qualitative juridical manner. The research results show that, First; The PTDH civil servant procedure begins with a temporary dismissal, then if the investigation is stopped or declared acquittal based on a court decision that has permanent legal force (inkracht van gewijsde), then the civil servant concerned is reactivated. However, if the civil servant concerned is sentenced to a criminal sentence based on a court decision that has permanent legal force (inkracht van gewijsde), then the PTDH of the civil servant is carried out by the Governor as the Civil Service Development Officer. Second; The legal remedy that can be taken by civil servants who have been sentenced to PTDH is to submit an Administrative Appeal to the State Civil Apparatus Advisory Body (BPASN). In the event that the civil servant concerned is not satisfied with the BPASN decision, the civil servant can submit legal action to the State Administrative High Court (PTTUN). Furthermore, if the civil servant concerned cannot accept the PTTUN decision, then the person concerned can submit a cassation legal action to the Supreme Court.  
Contemporary Challenges and Legal Resolutions in the Implementation of Accessibility Rights for Persons with Disabilities in Indonesia Rohmah Ageng Mursita
NUSANTARA: Journal Of Law Studies Vol. 3 No. 1 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17373273

Abstract

This study examines the contemporary challenges and legal solutions to implementing accessibility rights for persons with disabilities in Indonesia. It aims to evaluate the level of accessibility across public facilities and analyse the effectiveness of existing legal frameworks, including Law No. 8 of 2016 on Persons with Disabilities and its derivative regulations. Using a qualitative approach that integrates literature review, legal framework analysis, and case study assessment, the research explores how national laws are applied at the local level and identifies the factors that hinder inclusivity in public spaces. The findings reveal that, despite the presence of comprehensive legal protections, significant implementation gaps persist. Many public spaces, educational institutions, and workplaces fail to meet accessibility standards, particularly affecting individuals with mobility and sensory impairments. Barriers are both social and physical, including limited public awareness, inadequate infrastructure such as ramps and sidewalks, weak institutional coordination, and insufficient monitoring mechanisms. Furthermore, local governments often lack the technical capacity and financial resources to enforce accessibility regulations effectively. To address these issues, this study proposes several legal and policy recommendations: (1) strengthening the enforcement of accessibility laws and local regulations; (2) prioritising funding and training for inclusive infrastructure development; (3) promoting intersectoral collaboration among government institutions, disability organisations, and communities; and (4) enhancing public awareness about disability rights and inclusive design. Academically, this research contributes to the discourse on human rights and inclusive law by emphasising the need for a rights-based, participatory, and contextually responsive legal approach to disability inclusion in contemporary Indonesia.
Indonesian Ulema Council Fatwa on Boycotting Products Supporting Israel in the Ijtihad Discourse of Nahdatul Ulama and Muhammadiyah Giyarsi; Iim Fahimah; Miti Yarmunida
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.17388698

Abstract

This study aims to determine the legal provisions of boycotting Israeli products in the perspective of Ijtihad Nahdhatul Ulama and Muhammadiyah. The method used is a descriptive-analytical method with a qualitative approach. The source of this research data comes from litelature studies. Data analysis is carried out through the process of inventory, classification, and data analysis. The results of this study are: 1) the boycott law of Israeli products in the concept of ijtihad NU is mandatory if it is believed and known that profits from the sale of such products by Israel are used to help launch attacks against Palestinians. However, if it is not believed and it is not known for certain that the profits obtained from the sale of these products are to help fight the Palestinians, then buying Israeli products is not obligatory but makhruh because in a war situation that allows the use of profits for war; 2) In the concept of Muhammadiyah ijtihad, boycotting Israeli products becomes fardhu 'ain for Palestinians and fardhu kifayah for Muslims in other countries. Likewise, the law of boycotting products from branch companies and parties that clearly support Israel is mandatory, while boycotting products from local shops and hawkers is discouraged because it results in greater madharat. So that compliance with the MUI Fatwa related to boycotting Israeli products must be adjusted to the situation and conditions.
Women’s Leadership in Islamic Law: Between Normative Foundations and Contemporary Realities Chika Praska Anggraini; Darul Akbar; M. Fijar Ishlahul Ummah
NUSANTARA: Journal Of Law Studies Vol. 3 No. 1 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17366381

Abstract

This article examines the concept of women’s leadership within the framework of Islamic law, with a focus on the intersection between normative foundations and contemporary realities. Historically, discussions on imāmah al-mar’ah (female leadership) were dominated by classical jurists, whose interpretations often reflected the patriarchal structures and socio-political contexts of their time. However, with the evolution of modern Muslim societies and the rise of gender justice discourse, these interpretations require renewed contextualization. Using a qualitative-descriptive method through library research and comparative textual analysis, this study examines the arguments of prominent classical scholars such as al-Māwardī, Ibn Ḥazm, and al-Ghazālī, alongside contemporary reformists including Fazlur Rahman and Amina Wadud. The analysis employs hermeneutical reasoning and the maqāṣid al-sharī‘ah framework to explore the flexibility of Islamic legal interpretation. The findings reveal three key points. First, classical prohibitions on women’s leadership were more sociological than theological, rooted in historical contexts rather than immutable divine injunctions. Second, when assessed through the lens of maqāṣid al-sharī‘ah,women’s leadership aligns with the higher objectives of justice (al-‘adl), benefit (maṣlaḥah), and human dignity. Third, contemporary interpretations suggest a shift from gender-based exclusion to competence- and morality-based inclusion, enabling greater participation by women in political, social, and religious leadership. The study’s academic contribution lies in proposing a maqāṣid-based reinterpretation model that bridges textual orthodoxy with modern gender realities. This framework enriches Islamic legal scholarship by demonstrating that Shariah is not static butadaptive, capable of supporting egalitarian leadership principles that respond to the ethical and social demands of the modern era.
From Tradition to Modernity: The Contemporary Relevance of Islamic Law in Art and Culture Fitri Damayanti; Dewi Kurniawati; Fatma Merve Prayogo
NUSANTARA: Journal Of Law Studies Vol. 3 No. 1 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17372790

Abstract

This study explores the contemporary relevance of Islamic law in shaping the development of art and culture, highlighting the transition from traditional expressions to modern interpretations. It investigates how the normative principles of Sharia—including ethics, justice, moderation, and spiritual consciousness—interact with artistic creativity and local cultural identities in the modern era. Employing a qualitative-descriptive method supported by literature review and interpretative analysis, this research examines visual art, music, and performance as dynamic media for articulating Islamic values within pluralistic societies. The findings demonstrate that Islamic law, rather than serving merely as a normative restriction, provides an ethical framework that encourages innovation while safeguarding spiritual and moral authenticity. In contemporary practice, this integrative relationship fosters cultural resilience and enables the reinterpretation of Islamic aesthetics in a globalized context. Academically, this study contributes to the discourse on Islamic jurisprudence by offering an interdisciplinary perspective that connects Sharia principles with the philosophy of art and cultural studies. It enriches the understanding of how Islamic legal values can be contextualized to address modern cultural transformation without losing their foundational spirit. Ultimately, the research underscores the need for a balanced paradigm that harmonizes faith-based norms with creative expression, reaffirming Islamic law as a living source of ethical guidance in the realm of art and culture.

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