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Tasyri'
Published by Sekolah Tinggi Agama Islam Nurul Iman
ISSN : 28099362     EISSN : 28098625     DOI : https://doi.org/10.53038/tsyr
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Tasyri’ welcomes high-quality manuscripts resulted from a research project in the scope of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, Zakat and waqf law, Contemporary Islamic legal thought and various scientific studies in the field of law and other topics related to this area.
Arjuna Subject : Umum - Umum
Articles 178 Documents
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Reformulasi Perubahan Data Jenis Kelamin: Integrasi Kepastian Hukum dan Moralitas Islam dalam Administrasi Kependudukan di Indonesia Nizam, Nabil; Alviani, Fitri Maulina
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.388

Abstract

This study highlights how law can no longer be viewed from a single perspective in the era of globalization. Based on Werner Menski's triangular concept of legal pluralism, which combines the moral-ethical-religious, state, and societal perspectives, this research aims to reformulate the regulation of gender status change in the context of civil registration in Indonesia, ensuring greater legal certainty while grounding itself in religious moral considerations. A normative approach is applied in this study. The main findings reveal that the ratio legis of gender status change aims to protect and recognize the personal and legal status of every citizen. However, the relevance to Menski's triangle theory of legal pluralism is not yet fully reflected in the examination of applications at district courts. Hence, a legal reformulation of the Population Administration Law has become an urgent agenda.
Perlindungan Hak Cipta Lagu pada Kasus Penggunaan Backsound Iklan dalam Perspektif Hukum Positif dan Hukum Islam: Studi Putusan No. 991 K/Pdt.Sus-HKI/2022 Ayudity, Meisa; Khutub , Muhammad
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.389

Abstract

The use of songs as background sound in commercial advertisements often raises legal issues, especially when done without the permission of the creator. Protection of song copyright is important in guaranteeing the economic and moral rights of creators, both according to positive law and from the perspective of Islamic law. This study aims to analyze the decision No. 991 K/Pdt.Sus-HKI/2022 regarding copyright infringement of the song "Physical Freshness Gymnastics 1988" which was used in unauthorized advertising, as well as examine its relevance in the framework of maqāṣid al-sharī'ah, especially the protection of property rights (ḥifẓ al-māl). The method used is a normative juridical approach with qualitative analysis through literature studies of laws and regulations, court decisions, and contemporary fiqh literature. The results of the study show that the judge in the cassation decision has acknowledged the violation of the economic rights of the creator, but did not adequately accommodate immaterial damages. From the perspective of Islamic law, the act of using works without permission is classified as a form of prohibited property rights violation. This study emphasizes the importance of harmonization between positive law and protection principles in Islamic law in order to strengthen a fair and equitable copyright legal system.
Hak Ulayat sebagai Manifestasi Maqāṣid al-Sharī‘ah dalam Pengelolaan Sumber Daya Alam: Analisis Kasus Masyarakat Adat Dayak Kenyah di Kalimantan Timur Surono, Agus; Wenceslaus, Wenceslaus
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.422

Abstract

This research departs from the paradox between the state's normative recognition of the rights of indigenous peoples and the reality of structural marginalization experienced by the Dayak Kenyah community in Pampang Village, East Kalimantan. Customary rights as a system of communal ownership have not only legal value, but also spiritual and ecological dimensions that are in line with the principles  of maqāṣid al-sharī'ah, in particular ḥifẓ al-māl (protection of property) and ḥifẓ al-bi'ah (protection of the environment). This study uses a normative legal approach supported by qualitative case studies to analyze the relationship between customary law, national law, and Islamic law in natural resource governance. Data was collected through analysis of laws and regulations, court decisions, and interviews with traditional stakeholders. The results of the study show that there is an overlap of sectoral regulations, complicated bureaucracy for verification of customary rights, and the dominance of state economic interests that get rid of customary authorities. The analysis of maqāṣid al-sharī'ah shows that the recognition of customary rights is a tangible manifestation of social justice and ecological responsibility mandated by Islamic law. Therefore, strengthening customary institutions, harmonizing sectoral regulations, and implementing the principle  of Free, Prior, and Informed Consent (FPIC) are strategic steps towards fair, sustainable, and maqāṣid governance.
Prinsip Maṣlaḥah dalam Penyelesaian Sengketa Tanah Adat: Kajian terhadap Praktik Musyawarah Adat Dayak Kenyah di Desa Pampang Hamid, Adnan; Syahrina R, Nurul Ain
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.423

Abstract

This study aims to analyze the application of the maṣlaḥah principle in the dispute resolution mechanism of customary land among the Dayak Kenyah community in Pampang Village, Samarinda. This issue is significant because customary land functions not only as an economic asset but also as a source of identity, spirituality, and cultural sustainability. The maṣlaḥah approach in Islamic law offers an ethical framework that aligns with the communal justice and social harmony values upheld by indigenous communities. This research employs a qualitative method with a normative-empirical approach. Data were collected through the study of legislation, customary documents, interviews with traditional leaders, and direct observation of customary deliberation practices. The analysis connects the principles of maṣlaḥah mursalah and Islamic social justice theory with the indigenous dispute resolution practices that emphasize deliberation, consensus, and the balance of collective interests. The findings reveal that the Dayak Kenyah customary dispute resolution mechanism reflects maṣlaḥah values, particularly in maintaining collective welfare, preventing social division, and ensuring proportional justice distribution. However, its effectiveness remains limited due to the lack of formal recognition of customary decisions. This study recommends integrating the outcomes of customary deliberations into the national legal system to strengthen legal certainty and promote social justice based on maṣlaḥah values.
Sinergi Hukum Adat dan Hukum Islam dalam Penyelesaian Sengketa Tanah Adat : Studi Kasus Desa Adat Pampang, Samarinda Iriantoro, Agung; Sujatmiko, Sujatmiko
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.424

Abstract

This study aims to analyze the synergy between customary law and Islamic law in the mechanism for resolving customary land disputes in Pampang Customary Village, North Samarinda. The problem of customary land in this region is not only related to the aspect of ownership, but also touches the social, spiritual, and cultural dimensions of the Dayak Kenyah community. The research approach uses qualitative methods with a combination of normative and empirical approaches, through the analysis of legal documents, interviews with traditional leaders, and observation of customary mediation practices. The results of the study show that dispute resolution in Pampang Village is carried out through a consensus deliberation mechanism led by the Customary Head, with an emphasis on the value of justice, social balance, and community peace. This mechanism has a substantive conformity with  the principle of ṣulḥ (peace) in Islamic law, which emphasizes peaceful, participatory, and equitable resolution of disputes. The research discussion emphasized that the integration between customary law and Islamic law can strengthen social legitimacy, increase legal certainty, and present a more contextual dispute resolution model for customary law communities. These findings have implications for the need for state recognition of customary decisions as part of a pluralistic and equitable national legal system.
The Iddah Period as an Instrument for Women's Protection: Criticism of Marriage in the Iddah Period (Study of the Director General of Islamic Guidance 2021) Fahrul Hidayat, Muhammad; Ismail, Habib; Iwannudin, Iwannudin
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.417

Abstract

This study aims to analyze the iddah period as an instrument of women’s protection and to critique the practice of remarriage conducted by a former husband while his ex-wife is still undergoing iddah, from the perspectives of fiqh, maqāṣid al-syarī‘ah, and Indonesian positive law. Essentially, the iddah period is a Sharia provision that functions as a multidimensional protection mechanism for women—safeguarding lineage, dignity, psychological well-being, and social stability after divorce. However, in practice, these protective values have not been fully realized, as cases of remarriage during iddah continue to occur due to limited public understanding and weak administrative supervision in the Office of Religious Affairs (KUA). This research employs a library-based normative approach, analyzing classical fiqh literature, maqāṣid al-syarī‘ah theory, the Compilation of Islamic Law (KHI), the Marriage Law, and the 2021 Circular Letter of the Director General of Islamic Guidance. The findings reveal a normative gap in Indonesian positive law, which does not explicitly prohibit men from remarrying while their former wives are still in iddah. Accordingly, this study recommends legal reform grounded in maqāṣid al-syarī‘ah to strengthen women’s protection through binding and effectively enforced regulations.
Opportunities and Challenges to Strengthen the Role of Non-Judge Mediators in Realizing Humanist and Effective Justice Seniman Nainggola, Gunar; Kusbianto, Kusbianto; Trisna Dewi, Ayu
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.466

Abstract

Mediation as part of the civil justice system in Indonesia has received juridical reinforcement through Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Court, which affirms the strategic role of non-judge mediators in resolving disputes amicably. This article aims to analyze the role of non-judge mediators following the enactment of Supreme Court Regulation No. 1 of 2016, identify opportunities and challenges in the implementation of court mediation, and assess their contribution to the efficiency of dispute resolution in order to realize a humanistic and effective judicial system. This study employs a normative legal method with statutory and conceptual approaches. The results indicate that non-judge mediators play a significant role in increasing the success of mediation through participatory and communicative approaches. Nevertheless, the optimization of their role still faces normative, structural, and cultural challenges, requiring regulatory reinforcement, enhancement of mediator competencies, and institutional support within the judiciary.
The Application of Restorative Justice in Handling Traffic Accident Cases by the Traffic Directorate of the North Sumatra Police TP Banjarnahor, Jhon Fraezer; Maysarah , Andi; Hardian Silalahi, Dian
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.471

Abstract

Traffic accidents are legal issues that frequently occur in society and often result in fatalities as well as material losses. The handling of traffic accident cases is generally carried out through the criminal justice system; however, this approach often fails to fully satisfy the sense of justice of the parties involved. Therefore, Restorative Justice has emerged as an alternative approach that emphasizes the restoration of relationships between offenders, victims, and the community. This study aims to examine the legal framework governing the implementation of Restorative Justice in handling traffic accident cases, its application by the Traffic Directorate of the North Sumatra Regional Police, and the efforts undertaken to overcome obstacles in its implementation. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the application of Restorative Justice in traffic accident cases is supported by an adequate legal basis; however, in practice, it still encounters various challenges, particularly in terms of regulatory aspects, law enforcement capacity, and public understanding.
Criminal Law Policy in the Eradication of Narcotics Crimes in the Belawan Port Area H.Habeahan, Abdul Ryfay; Kusbianto, Kusbianto; Maysarah, Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.472

Abstract

Narcotics crimes constitute serious and transnational forms of organized crime, in which port areas represent highly vulnerable entry points for illicit drug trafficking. Belawan Port, as a strategically important international port in Indonesia, has significant potential to be exploited as a gateway for the smuggling and distribution of illegal narcotics. This study aims to analyze the regulation of criminal law policy in combating narcotics crimes in port areas, examine the implementation of criminal law policy in the Belawan Port region, and identify the obstacles encountered in its enforcement. The research employs a normative juridical method, utilizing statutory and conceptual approaches supported by secondary legal materials. The findings indicate that criminal law policies related to narcotics control have been comprehensively regulated; however, their implementation at Belawan Port has not been fully effective due to structural, substantive, and cultural constraints. Therefore, strengthening inter-agency coordination among law enforcement authorities and adopting a more integrated approach combining penal and non-penal measures are necessary to enhance the effectiveness of narcotics crime prevention and eradication in port areas.
Implementation of Criminal Law Policy in Handling Narcotics Crimes at Asahan Police Station Syamsuar, Noji; Kusbianto, Kusbianto; Zuliah, Azmiati
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.473

Abstract

Narcotics crimes constitute serious offenses that threaten public security, public health, and social order. Their control requires the implementation of a comprehensive criminal law policy based on a clear normative framework. This article aims to analyze the implementation of criminal law policy in handling narcotics crimes at the Asahan Police Resort, the factors influencing its implementation, and the obstacles encountered. This study employs a normative juridical research method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The results indicate that criminal law policy on narcotics crimes has been normatively regulated under Law Number 35 of 2009 on Narcotics; however, its implementation still faces challenges, including limited supporting facilities, constraints in law enforcement capacity, and the complexity of narcotics-related crimes. Therefore, strengthening an integrated and effective criminal law policy is essential to enhance law enforcement performance.

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