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Journal of Islamic Law Studies
Published by Universitas Indonesia
ISSN : 26208860     EISSN : 26144829     DOI : https://doi.org/10.46708
Core Subject :
JILS has a scope of Islamic law including sharia economics, perspectives on Human Rights in Islam, Islamic Criminal Law, Islamic Civil Law, Zakat, Islamic Philosophy, and other matters related to Islamic knowledge.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol. 3, No. 1" : 7 Documents clear
HUKUM KREDIT KEPEMILIKAN RUMAH (KPR) DALAM PERSPEKTIF ISLAM Apriyanti, Ira
Journal of Islamic Law Studies Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

Home is one of the primary needs that must be reached. The importance of sufficing these needs causes the demand for homes is increasing every year. Compared to 2018, the growth of Home Ownership Loans (KPR) in January 2019 increased by 147 basis points (bps) from the original 10.89% to 12.36%. It is estimated that credit growth is expected to increase in line with optimism about the strengthening monetary and economic conditions, supported by the risk of lending that is relatively well maintained. But to fulfilling these needs, not every person can easily buy a house in cash. As a result, many banks offer a variety of options to bridge the fulfilment of society needs for housing with the developer by applying the principle of credit in conducting transactions. In this conventional transaction, a loan agreement is accompanied by interest that continues to increase every year. Accordingly this paper will review the House Ownership Credit law by conventional banks based on Islamic law.
QUO VADIS HUKUMAN PIDANA KEBIRI KIMIA BAGI PELAKU KEJAHATAN SEKSUAL PADA ANAK DI INDONESIA Asokawati, Ainunnisa Rezky
Journal of Islamic Law Studies Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

Sexual assault committed against children become one of the polemics in the society. The government as the state protector accommodates the polemic by making the law in form of Law Number 17 of 2016 concerning the Stipulation of Government Regulation in place of Law Number 1 of 2016 concerning Second Amendment to Law Number 23 of 2002 concerning Child Protection. The regulation accommodated the society’s need by arranging punishment for the perpetrators of sexual assault affecting children cases. Article 81 of Law Number 35 of 2014 in the form of first amendment to the Child Protection Law concerning criminal threats against perpetrators who gives violence threat or do violence by forcing children to have intercourse, has given the punishment of imprisonment, fines, even chemical castration. The chemical castration gives a new polemic in the implementation, because it must be done by the medical personnel, in this case appointing doctors as executors. Ikatan Dokter Indonesia (IDI) considers that it cannot appoint doctors as executors because it is against the code of medical ethics. Therefore, this article will discuss criminal penalties for perpetrators of sexual assault against children according to Indonesian law, Islamic law, and their comparison with the South Korean state.
STUDI MAQASHID ASY-SYARIAH ATAS PERISTIWA PIDANA: PELECEHAN SEKSUAL MELALUI MEDIA ELEKTRONIK DALAM PENAGIHAN UTANG-PIUTANG FINTECH ILEGAL
Journal of Islamic Law Studies Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

The rise and implementation of Fintech is a result of the formation of lifestyle and consumptive behavior. This pattern of consumption behavior bases the use of commodities on desire and not on need. This happens because people continually want to complete their desire to own or use something that is beyond their needs even though they are still financially unable. One of the behaviors was exploited by Fintech, which provides financing services illegally. Illegal Fintechs are considered dangerous because they are not subject to and comply with existing regulations so that the potential deviation in the implementation process can be a threat to customers or people around the customer. The threat was born because the organizers of the illegal Fintech were ultimately not under the supervision of the relevant authorities, so that customers and the public also had difficulty monitoring and classifying legal Fintech and illegal Fintech. These problems are analyzed using the perspective of the Maqashid ash-Shariah study. This research is based on the YI case study where loan collection is done involving sexual harassment of the person concerned. This research was conducted based on literature search and media search. This research found that at least the problem is related to at least two aspects of Maqashid ash-Sharia, namely damage to the maintenance of the soul and reason.
TINJAUAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 SEBAGAI KONSTITUSI YANG ISLAMI Hudiana, Raihan
Journal of Islamic Law Studies Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

The Constitution as a form of collective agreement is an important document containing values to be the highest referral system in regulating the life of nation and state. Looking at the sociological fact that Muslims are the majority in Indonesia, the spirit that was built at the beginning was to ensure the absolute necessity of how the basic values and main concepts of Islam can be fulfilled, while keeping in mind the needs and ensuring the rights of people from other religions. The view of some Muslims who assume founding father Indonesia has injured the spirit of the struggle of Muslims in achieving independence and make Indonesia as a secular state would be important to be straightened out. Departing from that, the author will examine the literature how the history and content of the 1945 Constitution in which contains Islamic values. The results of this study indicate that although Indonesia is not an Islamic country, but the spirit and values contained in the 1945 Constitution is very thick breath Islamic values.
TINJAUAN HAK ASASI MANUSIA TERHADAP PERILAKU LESBIAN, GAY, BISEXUAL, TRANSGENDER, DAN QUEER (LGBTQ) DALAM PERSPEKTIF HUKUM ISLAM
Journal of Islamic Law Studies Vol. 3, No. 1
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INVESTASI SYARIAH DALAM RANGKA MENEGAKAN PRINSIP SYARIAH Arrazaq, Nur Alim
Journal of Islamic Law Studies Vol. 3, No. 1
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Abstract

TINJAUAN HUKUM ISLAM TERHADAP LARANGAN KAWIN SASUKU DI MASYARAKAT MINANGKABAU Nurchaliza, Vidya
Journal of Islamic Law Studies Vol. 3, No. 1
Publisher : UI Scholars Hub

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Abstract

Customs in Minangkabau are known as customs that are along with Islamic norms. Almost all cultures in Minangkabau are Islamic teachings that are followed by the majority of the Minangkabau people. However, there is one custom that causes polemic in the community, namely the prohibition of marriage of Sasuku. Whereas in Islamic Law there are no prohibition of marriage with one tribe. On the other hand, according to Indonesian marriage law, a legal marriage is a marriage made according to the religion and beliefs of the bride and groom. This research was conducted using the normative juridical method of secondary data relating to marriage in adat Minangkabau and marriage in Islam. This paper aims to find the right perspective on the culture of prohibition of marriage of Sasuku in the Minangkabau community based on the principles of marriage in Islamic law. The results showed that in the perspective of Islamic law, the prohibition of marriage of Sasuku was basically permissible because of the avoidance of marriages arising from marriage that is causing bad heredity. The prohibition is also in line with the objective of Islamic Law (maqashid syariah), namely to maintain offspring.

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