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INDONESIA
Jurnal Ilmu Syariah dan Hukum
Published by Institut Agama Islam Negeri Palangka Raya
ISSN : -     EISSN : 28306805     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Focus and Scope: 1. Islamic Law 2. Islamic Law and Politics 3. Islamic Law and Gender 4. Islamic Law and Contemporary Issue 5. Islamic Family Law 6. Islamic Criminal Law 7. Sharia Economic Law 8. Islamic Constitutional Law 9. Islamic Jurisprudence 10. Law Studies
Arjuna Subject : Ilmu Sosial - Hukum
Articles 62 Documents
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OPTIMALISASI HUKUM DALAM PENDAYAGUNAAN ZAKAT PRODUKTIF (STUDI KASUS BAZNAS KABUPATEN PEKALONGAN) Nada, Qothrun; Jumailah, Jumailah; Sa'adah, Novita Nurus
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v3i2.9272

Abstract

The aim of this research is to find out how optimization the law is for utilizing productive zakat according to Law no. 23 of 2011, PMA no. 52 of 2014, and PERBAZNAS No. 3 of 2018 as well as the factors underlying the effectiveness of the law for utilizing productive zakat in BAZNAS Pekalongan Regency.The research method used in this research is a descriptive qualitative empirical legal research method, the data source used is primary data in the form of interviews with BAZNAS administrators in Pekalongan Regency, and secondary data in the form of Law no. 23 of 2011, PMA no. 52 of 2014, PERBAZNAS No. 3 of 2018 and journal literature. Researchers analyzed the collected data using descriptive analysis methods. The results of this research indicate that the distribution and utilization of productive zakat by BAZNAS Pekalongan Regency is good according to interviews conducted with BAZNAS and Mustahik staff in accordance with Law no. 23 of 2011, PERMA no. 52 of 2014, and PERBAZNAS No. 3 of 2018 and BAZNAS Pekalongan Regency always enforce sanctions in the form of revoking zakat assistance to mustahik who violate the provisions. The results of the analysis show that the use of productive zakat is in accordance with the aim of productive zakat where mustahik earn additional income so they can spend and give away part of their income. However, awareness of the need to donate and give alms is still low. Therefore, based on the theory of legal effectiveness, it is known that Law no. 23 of 2011, PMA no. 52 of 2014, and PERBAZNAS No. 3 of 2018 can be said to be quite effective in BAZNAS Pekalongan Regency.
TINJAUAN HUKUM POSITIF DAN FIKIH SIYASAH TERHADAP KEWENANGAN PENJABAT SEMENTARA KEPALA DAERAH DI INDONESIA Ababil, Muhammad Thoriq; Sukti, Surya
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v3i2.8981

Abstract

This research is motivated by a crucial problem in the government system, namely how weak the Acting Regional Heads are. Acting regional heads should be leaders who are able to bring about positive change, not just puppets who are bound by the rules. Therefore, this study focuses on the provisions of positive legal review and siyasah jurisprudence regarding restrictions on the leadership authority of acting regional heads. This research is of a normative type using a statutory approach and a conceptual approach. data collection using library research techniques. The results of this research show that temporary officials have an important role in maintaining the stability and neutrality of regional elections, but their authority is limited to prevent abuse. Temporary officials are tasked with leading the government, maintaining security, facilitating regional elections, and being bound by legal and moral norms. Siyasa fiqh supports the role of temporary officials to maintain the stability and smooth running of government, with a focus on routine matters and ongoing programs. As for positive law, regulations regarding temporary acting regional heads are regulated in statutory regulations. Positive law and siyasah fiqh agree on the role of temporary officials, but differ in the institutional framework.
TINJAUAN PENERAPAN KONSEP PAJAK MENURUT ABU YUSUF DAN RELEVANSINYA DALAM SISTEM PERPAJAKAN DI INDONESIA Azhari, Abdurrahman; Aulia, Rabiatul
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v3i2.7119

Abstract

This article discusses the relationship and suitability between the concept of taxation put forward by Abu Yusuf, a Muslim scholar during the Abbasid era, with the taxation system used in Indonesia today. Abu Yusuf's thoughts are relevant to several aspects of taxation, such as kharaj (tax on agricultural land) and usyur (excise tax on trade). This article also notes how the Indonesian government is trying to implement a tax system that is effective and in line with the needs of society, by taking advantage of opportunities in tax coverage and encouraging citizen compliance in paying taxes. Even though there are differences in percentages and terminology, the main objective of taxation remains the same, namely to obtain income for the benefit of the state and society. This research focuses on developing tax concepts that are in accordance with sharia values and recognizing the contribution of Abu Yusuf's thinking and its relevance to the taxation system in Indonesia.
DIVERSI DALAM PENEGAKKAN HUKUM IN CONCRETO (PERSPEKTIF HUKUM PIDANA ISLAM) Arafat, Muhammad; Tono, Sidik; Mulyaningsih, Rizki
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v3i2.9226

Abstract

The enforcement of in concreto law refers to the practical implementation of law, transforming it from an abstract concept into a concrete application. Diversion, as an alternative resolution for juvenile cases outside the formal criminal justice system, aims to prevent stigmatization and allows children to reintegrate into their social environment in a balanced manner. This study employs a library research method with a juridical-normative approach, collecting data through documentation and analyzing it descriptively. The findings reveal that restorative justice and diversion focus on restoring losses suffered by victims, providing opportunities for offenders to participate in the recovery process, and involving the community in maintaining equitable peace. However, despite the extensive discussion of restorative justice and diversion in existing literature, there remains a gap in integrating Islamic legal principles, particularly As-sulh, into their application for juvenile cases. This raises two main questions: how can the concept of diversion be aligned with the principles of As-sulh to support the protection of children
AKIBAT HUKUM PERCERAIAN DAN PROBLEMATIKA PASCA PERCERAIAN Rahman, Andri Syaiful; Sirri, Rima Alifa
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 3 No 2 (2024): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v3i2.6986

Abstract

Divorce is a legal event that leads to the legal termination of a husband and wife marriage whose legal process is carried out in court. The goal is to protect all rights and obligations that arise as a result of divorce. After the divorce is decided by the court, the divorce will have several legal consequences both for the husband and wife, property, income, family relations and for the children born in the marriage. Related to the obligation to carry out the legal consequences of divorce, often the related parties, namely the husband and wife, do not carry out their obligations in full after the divorce is carried out. Because the divorce process often involves conflicts and legal battles that take time and money. Divorcing couples may become involved in disputes regarding the division of assets, child custody, and financial support. Many problems that often arise after a divorce. This study aims to examine the legal consequences that arise after the occurrence of divorce and examine post-divorce problems that are common in society. This study uses qualitative research methods in descriptive form. Sources of research data through a literature review in the form of a review of reading references in the form of books, research articles/journals, and other reading sources. The results of the study show that there are three legal consequences that arise as a result of divorce. The first is the legal consequences for children. Second, legal consequences for joint assets. Third, legal consequences for livelihood. Common post-divorce problems, for example, often parents, especially the father, are negligent and do not fulfill their obligations to provide for their children.
ANALISIS PERBEDAAN PERLAKUAN ZAKAT DALAM PAJAK (STUDI KOMPARATIF INDONESIA DAN MALAYSIA) Sayuti, Muhammad
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 4 No 1 (2025): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jisyaku.v4i1.7086

Abstract

Zakat and taxes are two very important things in the socio-economic life of society. Zakat is a form of worship that emphasizes the integration between divine aspects and the socio-economic life of society. However, the low awareness of muzaki to pay zakat is one of the reasons for the low national zakat fundraising. In the context of Indonesia and Malaysia, there are differences in the treatment of zakat in taxes. Therefore, this study will analyze differences in the treatment of zakat in taxes between Indonesia and Malaysia. This research uses a comparative study method between Indonesia and Malaysia in the treatment of zakat in tax to provide a clear picture of the differences in the treatment of zakat in tax in Indonesia and Malaysia. The results of the study state that the distribution of zakat in Indonesia and Malaysia, can be used as an income tax deduction with the requirement of a large amount through a recipient agency/institution authorized by the government. Government Regulation (PP) No. 60 of 2010 concerning Zakat or Religious Contributions of a Mandatory Nature that can be Deducted from Gross Income with good coordination between the zakat authority and the tax authority can increase the help of zakat payers (muzakki) and taxpayers so that it is expected that tax and zakat revenues will increase. Some differences in the treatment of zakat in tax in Indonesia there is a collection and distribution of zakat is governed by one body, while in Malaysia the body of collection and distribution of zakat in different responsibilities. The factors that influence the awareness of muzakki to pay zakat include knowledge about zakat, religious factors, social factors, economic factors, regulatory factors, zakat management factors, education factors, environmental factors, perception factors, compliance factors, and service factors. The government and zakat management institutions must pay attention to these factors to increase the awareness of muzakki to pay zakat and the collection of national zakat funds.
Tinjauan Hukum Islam Terhadap Transaksi Kerjasama Program Afiliasi Pada Platform E-Commerce Shopee Azizah, Azizah; Sirri, Rima Alifa; Anggraini, Silvia
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 4 No 1 (2025): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/gsnfy224

Abstract

Marketing that was previously carried out traditionally has undergone changes with online marketing or through digital technology. In dealing with this shift, the marketing strategy has shifted from offline to online. One of the popular digital marketing strategies is affiliate marketing. In Indonesia, many affiliate practices are carried out by online marketplaces, for example Shopee. However, in the face of developments and variations in modern transactions, Islamic values ​​must be maintained so that they are applied. Therefore, it is necessary to examine affiliate marketing practices from the perspective of Islamic law. In this study the authors conducted legal research in the form of normative juridical research. The data analysis method was carried out qualitatively. This study aims to identify whether affiliate practices in the Shopee e-commerce platform are in accordance with the principles of Islamic economic law, such as samsarah and wakalah bil ujrah contracts. By conducting an Islamic legal review of affiliated transactions at Shopee, this study seeks to assess the legitimacy and suitability of affiliated cooperation practices with Islamic sharia values ​​and provisions. The results of this study indicate that the practice of affiliate marketing collaboration carried out by Shopee with affiliated participants can be permitted by complying with several conditions in the principles of Islamic law. The practice of paying commissions by Shopee to affiliated participants in Islam is in line with the samsarah and wakalah bil ujrah contracts
Hukum Melangsungkan Perkawinan Dalam Keadaan Hamil Di Luar Nikah Perspektif Hukum Islam dan Hukum Positif (Studi Kasus di Kota Palangka Raya) Utami, Annisa; Sartika, Puja Dewi; Fitriani, Wulan
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 4 No 1 (2025): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/7vb71p19

Abstract

This research is motivated by the prevalence of people who marry in a situation where the bride is pregnant from an illicit relationship or pregnant outside of marriage. Currently, the association between men and women needs special attention because it is too free without thinking about the consequences in the future. Islam commands us to keep our eyes on those who are not mahrams. Marriage as a sacred moment and a sunatullah should be carried out according to Islamic law. Unfortunately, marriage does not become such a thing when it is done because it is pregnant outside of marriage. The marriage seems to be carried out as an effort to cover up the shame of the actions he has committed. This study aims to find out more about the law of marrying in a state of pregnancy outside of marriage based on the perspective of Islamic law and positive law. The research method used in this writing is library research with a normative approach that refers to Islamic law and positive law. The results of the research in this paper show that in the Compilation of Islamic Law, a woman who is pregnant outside of marriage can be married to the man who impregnates her. However, on the other hand in QS. An-Nisa verse 24 explains that a woman who is pregnant outside of marriage can marry a man who adulterates her or does not adulterate her. According to Ustadz Abdul Somad, who is a scholar in Indonesia, people who marry because they are pregnant have a valid marriage status, both religiously and by the state.
JAMINAN HUKUM BAGI TENAGA KERJA YANG TERKENA PEMUTUSAN HUBUNGAN KERJA (PHK) AKIBAT PERUSAHAAN PAILIT Husniyah, Husniyah; Mariana, Dina; Ridani, Ahmad; Munawarah, Desi; Husna, Raudatul; Padilah, Akhmad Nor; Habibie, Ramadhani Alfin
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 4 No 1 (2025): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/wbd01p26

Abstract

In early 1977, Indonesia faced significant difficulties in its development, triggered by the collapse of the government and the global monetary crisis. Until now, the impact of the economic crisis continues to be felt, especially in industrial life which is filled with losses and layoffs as a company survival strategy. This issue of layoffs, especially when companies go bankrupt, becomes an important focus, involving labor rights which continue to be threatened. The resilience of the power between labor and employment news is revealed in the ongoing recognition of Labor Day, demanding fairer working conditions. Even though there are regulations regarding layoffs, weak law enforcement is a serious obstacle. The era of globalization and industrial growth adds to the complexity of employment problems, especially in Indonesia with a high number of workers and the potential for layoffs. Factors triggering layoffs are very diverse, including globalization, economic transformation, and company bankruptcy. In this context, the Job Creation Law (UU CK) introduced significant changes, but also received criticism. This research focuses on the provisions for layoffs resulting from bankrupt companies in the CK Law, exploring the regulatory basis, legal protection for laid-off workers, and mechanisms for resolving their rights. The research method used is normative legal research, with a detailed explanation of the basis for layoff arrangements, legal protection for workers, and mechanisms for resolving workers’ rights in the context of bankrupt companies. This research aims to provide a comprehensive understanding of the problem of layoffs due to bankrupt companies, analyzing related provisions of the CK Law, and provides an overview of the legal protection provided to workers. It is hoped that the results of this research can contribute to policy development and improvement of labor rights protection in the context of company bankruptcy in Indonesia.
Keputusan Muktamar NU (Nahdlatul Ulama') Ke-XXXI dan Fatwa Darul Ifta Mesir Mengenai Penetapan Nasab Anak Melalui Tes DNA (Deoxyribo Nucleic Acid) Lukito, Bagas
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 4 No 1 (2025): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/650pcx91

Abstract

The determination of lineage (nasab) in Islamic law is a crucial issue, especially in cases where the paternity of a child is in question. The advancement of science, particularly through DNA testing, has provided a new method for determining lineage. However, this method raises questions regarding its compatibility with Islamic law. This research examines the decisions of the 31st Nahdlatul Ulama (NU) Congress and the fatwa from Darul Ifta Egypt regarding the use of DNA testing for determining lineage. The study aims to analyze the legal basis and implications of these decisions and fatwas in the context of Islamic jurisprudence. The research is normative juridical in nature, using a library research approach. Data sources include primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis technique uses qualitative descriptive analysis with deductive conclusions. The findings indicate that both NU and Darul Ifta Egypt recognize the importance of DNA testing in determining lineage, but with certain conditions and limitations to ensure compliance with Islamic law. The study concludes that DNA testing can be used as a supplementary tool in determining lineage, provided it does not contradict the principles of Islamic jurisprudence.Keywords: DNA Testing, Lineage, Nahdlatul Ulama, Darul Ifta Egypt.

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