cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ali Mutakin
Contact Email
nabilamandor@gmail.com
Phone
+6282210693647
Journal Mail Official
jurnaltasyri896@gmail.com
Editorial Address
Editorial Office: Sekolah Tinggi Agama Islam Nurul Iman Jalan Nurul Iman No. 01, Warujaya Parung, Bogor, Jawa Barat, Indonesia, 16330 Phone: +62 822 1037 2525 e-mail: tasyri@stai-nuruliman.ac.id Website: www.stai-nuruliman.ac.id
Location
Kota bogor,
Jawa barat
INDONESIA
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
 14   15   16   17   18 
Legal Study on the Limitation of Wills for Legitimate Interests Seen from the Civil Code and the Compilation of Islamic Law Difanri Ramadhan Siregar, Muhammad; Trisna Dewi , Ayu; Safnul, Dody
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.v5i1.474

Abstract

A will is an instrument of inheritance law that grants the testator the authority to determine the distribution of their estate; however, such authority is limited by the rights of certain heirs known as legitimaries. In the Indonesian legal system, restrictions on wills are regulated in the Civil Code (KUH Perdata) through the concept of legitieme portie and in the Compilation of Islamic Law (KHI) through a limitation of a maximum of one-third of the estate. This article aims to examine the legal position of legitimaries, the forms of restrictions on wills, and the concept of justice in limiting wills under the Civil Code and the Compilation of Islamic Law. This study employs a normative juridical method with statutory and conceptual approaches. The findings indicate that restrictions on wills function as legal protection for legitimaries to ensure the minimum rights of heirs and to maintain a balance between testamentary freedom and justice in inheritance law.
Islamic Inheritance Law in Indonesia and Malaysia: An Interdisciplinary Study of Conflict, Resolution, and Gender Perspectives Rini, Etiak
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.v5i1.476

Abstract

This study aims to compare the implementation of Islamic inheritance law in Indonesia and Malaysia, particularly regarding the treatment of women as heirs. Although Islamic inheritance law theoretically grants women equal rights, in practice, the distribution of inheritance is often influenced by social, cultural, and governmental factors. In Indonesia, the strong patriarchal culture and the lack of public understanding of Islamic inheritance law often result in women not receiving their rightful share of inheritance. A similar issue exists in Malaysia, where, despite the Syariah Court's rulings on women's inheritance rights, local customs and policies often lead to women receiving a smaller share or losing their inheritance rights altogether. This study uses a qualitative approach with comparative analysis, relying on data from international journals, related literature, and applicable legal documents in both countries. The results of the study show that while both countries have legal foundations supporting women's rights as heirs, gender inequality in inheritance distribution remains a significant issue that needs to be addressed. Therefore, policy reforms and the strengthening of legal education are necessary to ensure the fair and equal implementation of Islamic inheritance law for women.
Application of Restorative Justice Approach in Handling Cases of Alleged Medical Malpractice by the Police: Study at The North Sumatra Police Franshery Malau, Togu; 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.v5i1.483

Abstract

The restorative justice approach represents a contemporary paradigm within the Indonesian criminal justice system that emphasizes the resolution of criminal cases through the restoration of relationships between victims, offenders, and the community in a proportional manner. This approach is particularly relevant in handling alleged medical malpractice cases, considering their close connection to professional negligence and the legal relationship between medical practitioners and patients. This study aims to analyze the legal framework governing the application of restorative justice in criminal case handling, specifically alleged medical malpractice cases by the police, and to examine its implementation during the investigation and inquiry stages at the North Sumatra Regional Police. In addition, this research identifies the obstacles faced by law enforcement authorities in applying the restorative justice approach. The research method employed is normative juridical research combined with an empirical approach, conducted through literature review and interviews with police officers. The findings indicate that, from a normative perspective, the police possess an adequate legal basis to implement restorative justice. However, in practice, several challenges remain, including limited public understanding, differing perceptions among victims, the complexity of medical evidence, and caution among law enforcement officers in exercising discretion. Therefore, strengthening technical regulations and enhancing investigators’ capacity are necessary to ensure effective and equitable implementation.
Implementation of the Principle of Ultimum Remedium through a Restorative Justice Approach in Handling Minor Persecution in the North Sumatra Police Siregar, Rahmad; Zuliah , Azmiati; Maysara, 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.v5i1.488

Abstract

The handling of minor assault offenses within the Indonesian criminal justice system is grounded in the principle of ultimum remedium, which positions criminal punishment as a measure of last resort. In line with the development of the restorative justice paradigm, the police are granted discretion to resolve certain cases through non-litigation mechanisms focused on restoration. This article examines victim protection, the implementation of the ultimum remedium principle, and the obstacles encountered in the application of restorative justice in handling minor assault cases at the North Sumatra Regional Police. This study employs an empirical legal research method combined with statutory and conceptual approaches. The findings indicate that, in principle, the application of restorative justice at the North Sumatra Regional Police reflects the ultimum remedium principle; however, its implementation continues to face normative, structural, and cultural challenges that affect the effectiveness of victim protection and legal certainty.
Implementation of the Role of The Community Empowerment Institution of the Village Perspective Siyāsah Tanfīżiyyah in Labuhan Ratu Dua Village Salsabila, Hanum; Nurhayati , Agustina; Yati, Alan
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.v5i1.490

Abstract

The Village Community Empowerment Institution (LPMD) plays a strategic role in encouraging community participation and realizing good village governance; however, its implementation has often not functioned optimally. This study is motivated by problems in the implementation of Article 7 letter D of the East Lampung Regent Regulation Number 26 of 2023 concerning Village Community Institutions and Village Traditional Institutions. The core issue of this research lies in the role of the LPMD in Labuhan Ratu Dua Village, Way Jepara, Lampung Timur Subdistrict, which has been largely taken over by village officials. This condition has affected the legitimacy of village governance, public service delivery, and public trust in government administrators. This research aims to analyze the implementation of the LPMD’s role in Labuhan Ratu Dua Village from the perspective of siyāsah tanfīẓiyyah. The study employs a qualitative approach with a descriptive-analytical method. Data were collected through interviews with LPMD members and village officials and were analyzed using modern governance theory and principles of Islamic political thought. The findings indicate that the role of the LPMD has not been carried out in accordance with existing regulations, as most of its functions have been assumed by village officials. Consequently, the LPMD tends to function merely in a formal and administrative capacity. This situation has resulted in the suboptimal application of the principles of participation, transparency, and accountability in village governance. The study concludes that the weakness of the LPMD’s role is caused by village governance practices that do not yet reflect equal institutional partnerships. This condition implies the need to strengthen the role of the LPMD and to implement Islamic values in governance, so that local democracy functions not only procedurally but also substantively and justly.
Police Law Enforcement Against Illegal Drug and Medical Device Trafficking in the North Sumatra Police Priananda, Gilang; Maysarah, Andi; Silalahi, Hardian
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.v5i1.492

Abstract

The circulation of medicines and medical devices that do not comply with legal standards constitutes a criminal act that poses serious risks to public health and safety, economic stability, and consumer protection. In this context, the police play a strategic role in carrying out repressive, preventive, and countermeasure actions against such illegal practices. This study aims to analyze law enforcement conducted by the North Sumatra Regional Police, examine the preventive measures implemented, and identify the obstacles encountered in the enforcement process. The research employs an empirical legal method with statutory and sociological approaches. The findings indicate that law enforcement is carried out through stages of investigation, inquiry, enforcement actions, and cooperation with the National Agency of Drug and Food Control, while preventive efforts include public outreach, supervision of distribution channels, and integrated operations. The main challenges involve limited resources, the evolving patterns of crime, and low public legal awareness. Therefore, strengthening inter-agency synergy, enhancing the capacity of law enforcement officers, and encouraging active public participation are necessary to improve the effectiveness of law enforcement against the illegal circulation of medicines and medical devices.
The Role of Electronic Evidence in Proving Digital Gambling Crimes Study of PWT Decision Sinaga, Chrismansyah; Zuliah , Azmiati; 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.v5i1.495

Abstract

The advancement of information technology has contributed to the emergence of digital-based crimes, including online gambling. In criminal proceedings, electronic evidence plays a crucial role in establishing the occurrence of such offenses. This study aims to analyze the legal position of electronic evidence within the Indonesian criminal evidentiary system, its application in Decision Number 1/Pid.B/2025/PN PWT, and the judge’s considerations in assessing its probative value. This research employs a normative legal method using statutory and case approaches. The findings indicate that electronic evidence is legally recognized under the Law on Electronic Information and Transactions and is regarded as an extension of evidentiary instruments regulated in the Criminal Procedure Code. In the analyzed decision, screenshots, digital communications, and electronic transaction records significantly contributed to proving the elements of gambling offenses. The court evaluated the evidence based on its legality, authenticity, and correlation with other admissible evidence within the negative statutory system of proof.
Criminal Law Analysis of the Case of a Mother who Killed Her Two Children and Committed Suicide in Bandung Bayu Suryo Aji; Suparji Suparji
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.v5i1.510

Abstract

The phenomenon of filicide defined as the killing of a child by a parent—has once again drawn public attention following a case involving a housewife in Bandung Regency who allegedly poisoned her two children before committing suicide. This article examines the incident from the perspective of Indonesian positive criminal law. First, the perpetrator’s actions may normatively be qualified under Article 338 of the Indonesian Criminal Code (KUHP) concerning murder, or Article 340 if premeditation is established, for instance through the purchase of poison and the preparation of a suicide note. Second, there is potential for the application of Article 44 of the KUHP if the investigation reveals that the perpetrator suffered from severe depression or a mental disorder that eliminated criminal responsibility. Third, the study highlights the limitations of criminal law when the perpetrator has died, in accordance with the principle actio personalis moritur cum persona, whereby criminal liability ceases upon the death of the individual. Consequently, law enforcement efforts no longer focus on punishment, but rather on establishing legal facts, investigating the possibility of accomplices, and ensuring the protection of children's rights. The findings of this study underscore that in cases of filicide-suicide, Indonesian positive criminal law encounters a normative dilemma: while the act of murder may be formally established, criminal liability is extinguished due to the perpetrator’s death. This condition shifts the function of investigation from merely prosecuting the offender to uncovering motives, ensuring the absence of complicity, and serving as a basis for policy recommendations on prevention. From an academic perspective, this research demonstrates the importance of integrating criminal law with criminological and mental health approaches, particularly in formulating strategies for the protection of vulnerable families and the prevention of similar crimes in the future.

Page 18 of 18 | Total Record : 178

 14   15   16   17   18 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 5 No. 1 (2026): Tasyri' Vol. 4 No. 2 (2025): Tasyri' Vol. 4 No. 1 (2025): Tasyri' Vol. 3 No. 2 (2024): Tasyri' Vol. 3 No. 1 (2024): Tasyri' Vol. 2 No. 2 (2023): Tasyri' Vol. 2 No. 1 (2023): Tasyri' Vol. 1 No. 2 (2022): Tasyri' Vol. 1 No. 1 (2022): Tasyri'