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Zona Law And Public Administration Indonesia
Published by Yayasan Mentari Madani
ISSN : -     EISSN : 29885345     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Zona Law And Public Administration Indonesia focus is to publish manuscripts of study results, and specific conceptual ideas in the field of Law and Public Administration. Submitted articles may cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Islamic Economic Law, Agrarian Law, State Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedure Law, Customary Law, and Environmental Law, Public Policy, Public Management, Public Sector Innovation, Decentralization, Regional Autonomy and Governance, Local Politics and Democracy, politics, human rights and autonomy and rural/village government
Arjuna Subject : Ilmu Sosial - Hukum
Articles 91 Documents
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Reinterpretation of the Marriage Age Limit in Islamic Families: Efforts to Prevent Early Marriage as a Family Benefit in Indonesia Abdurahman, Tubagus
Zona Law And Public Administration Indonesia Vol. 4 No. 1 (2026): January 2026
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This study analyzes the interfaith marriage controversy in Indonesia through a juridical approach and a contemporary Islamic legal perspective. The unclear norms in Law Number 1 of 1974 concerning Marriage have led to various interpretations and practices in the registration and determination of interfaith marriages by judicial institutions. Meanwhile, Islamic law generally rejects interfaith marriage, especially to preserve faith, descent, and family resilience, although contemporary scholars provide a more contextual interpretation. This research uses qualitative methods through literature studies, interviews, and document analysis. The results of the study show that the disharmonization of regulations creates legal uncertainty and increases requests for determination in district courts. The analysis of maqāṣid al-syarī'ah provides a theoretical basis that the prohibition of interfaith marriage serves to protect the interests of the family and society. This study recommends the need for regulatory harmonization, improving community legal literacy, and an interdisciplinary approach in formulating policies.
Allocation and Distribution in Islamic Economics the Role of Islamic Monetary and Fiscal Policy in Realizing Economic Justice Ahmad Ridwansah, Asep; Al-Hakim, Sofian; Janwari , Yadi
Zona Law And Public Administration Indonesia Vol. 4 No. 1 (2026): January 2026
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This study aims to analyze the role of Islamic monetary and fiscal policy in optimizing resource allocation and wealth distribution to realize economic justice within the Islamic economic system. The method used is a literature study with a qualitative approach and descriptive analysis of Islamic monetary instruments (such as Shariah-compliant fiat money, sukuk, and profit-sharing-based financing) as well as Islamic fiscal instruments (primarily zakat, infaq, sadaqah, waqf, and sharia-compliant taxes). The results indicate that integrated Islamic monetary and fiscal policies can reduce economic disparities through productive allocation mechanisms and equitable distribution, in accordance with maqashid shariah. Further discussion outlines the implementation challenges and development opportunities for such policies in Indonesia. The implication of this research is the importance of synergy between monetary and fiscal authorities in designing policies that are not only stable, but also inclusive and equitable.
Written Margin and Fees in Akad Salam Online: Comparative Fiqh Analysis with Empirical Philosophical and Juridical Approaches Madani, Farid; Nurhikmah, Aulia; Jubaedah , Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
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The development of digital technology has given birth to the practice of online-based salam contracts that are different from conventional salam contracts, especially in the determination and transparency of margin fees. This difference raises the issue of fiqh muamalah and consumer protection, especially related to the potential for gharar and inequality in the position of the parties. This research aims to analyze philosophically, comparative fiqhi, and empirical juridical margin fees in online and offline salam contracts and their implications for consumer protection. The research method used is normative-empirical law with philosophical approaches, school comparisons, and empirical juridical approaches. Normative data is sourced from classical and contemporary fiqh literature, DSN-MUI fatwas, and consumer protection regulations, while empirical data is obtained from the study of the practice of salam contracts on digital platforms. The results of the study show that the margin fee in the salam contract is in principle allowed as ujrah for the services of intermediaries as long as it is clearly agreed from the beginning of the contract and separated from the price of the goods. However, the practice of online greetings still shows low transparency of margin fees and the use of standard clauses that have the potential to harm consumers
Islamic Monetary System: Foundations Normative Pillars and Implementation Prospects in the Modern Era Fattah, Abdul; Janwari, Yadi; Al-Hakim, Sofian
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
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Recurrent global financial crises, such as the 1997 Asian crisis, the 2008 subprime mortgage crisis, and the economic uncertainty of the post-COVID-19 pandemic, highlight the structural weaknesses of the conventional debt- and interest-based monetary system that often fuels imbalances between the monetary and real sectors and encourages speculative behavior. In response, the Islamic monetary system exists as a normative and practical alternative that emphasizes justice, stability, and social welfare through the prohibition of usury, gharar, and maysir, as well as the linking of money to real economic activities. This article examines the philosophical foundations, normative pillars, and operational principles of the Islamic monetary system, highlighting the role of classical scholars such as al-Ghazali, Ibn Taymiyyah, and Ibn Qudamah, as well as the contributions of contemporary thought Wahbah Zuhaili and Umar Chapra. This study also traces the history of the implementation of the Islamic monetary system during the time of the Prophet and Khulafaur Rashidin which is based on bimetal standards (dinar-dirham), as well as examines the implementation of Islamic monetary policy in Indonesia through instruments such as sukuk, SBIS, and Islamic interbank money markets. The research methodology uses a qualitative approach with a literature review, analyzing primary and secondary literature to identify the foundations, pillars, and prospects of the Islamic monetary system. The results of the study show that the Islamic monetary system is able to integrate money creation control, risk-sharing-based policy transmission, real sector deepening, and governance based on sharia maqasid. Despite challenges such as low Islamic financial literacy and the need for regulatory harmonization, the prospects for the Islamic monetary system are very bright as an inclusive, sustainable, and equitable economic solution in the era of globalization and financial technology innovation
The Evolution of Islamic Monetary Policy: Civilizational Roots, Legal Foundations, and Contemporary Relevance Rosadi, Imron; Janwari, Yadi; Al-Hakim, Sofian
Zona Law And Public Administration Indonesia Vol. 4 No. 1 (2026): January 2026
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This study investigates the dynamic evolution of monetary policy within Islamic civilization, spanning from the Prophetic era to the late Ottoman Empire. Contrary to static legalistic narratives, this research employs a historical-comparative approach to demonstrate that Islamic monetary practices were highly adaptive responses to shifting economic realities, ranging from cross-border trade integration to global inflationary shocks. The analysis highlights several pivotal shifts: the pragmatic adoption of foreign currency during the Rashidun Caliphate, the assertion of monetary sovereignty through the Arabization of coinage under the Umayyads, and the development of sophisticated credit instruments during the Abbasid era. Furthermore, the study critically examines the failures of fiat money experiments in the Mamluk Dynasty and the Delhi Sultanate, contrasting them with the relative stability of the Fatimid gold standard and the Ottoman Empire's strategic adaptation to the “Price Revolution.” By synthesizing data from numismatic evidence and classical texts—such as those by Al-Maqrizi and Ibn Khaldun—with modern economic historiography, this article argues that the resilience of an Islamic monetary system depends less on the intrinsic material of the currency (gold/silver) than on institutional integrity, state credibility, and market supervision (Hisbah). These historical insights provide a vital empirical foundation for formulating contemporary Islamic economic policies, particularly regarding fiscal-monetary integration and currency stability management.
Qardh al-Hasan as a Tool for Urban Justice: A Comparative Fiqh Perspective for Financial Inclusion in Bandung’s MSME Sector Ahmad Ridwansah, Asep; Susandi, Adi; Jubaedah , Dedah; Setiawan, Iwan; Sudrajat, Dede
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
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Abstract This conceptual study employs a comparative fiqh (Islamic jurisprudence) perspective to analyze Qardh al-Hasan (benevolent, interest-free loans) as an instrument for urban financial inclusion in Bandung, Indonesia. Through a systematic literature review enhanced with jurisprudential analysis, the research examines divergent interpretations across Islamic legal schools (madhahib) and their implications for implementing Qardh al-Hasan within Bandung's MSME sector. The study aims to: (1) analyze comparative fiqh debates on Qardh al-Hasan as a developmental tool, (2) identify operational variations in different Muslim-majority urban contexts, and (3) formulate an inclusive governance model synthesizing juristic flexibility with contemporary urban needs. Findings reveal that while classical fiqh emphasizes Qardh al-Hasan's charitable nature, contemporary juristic innovations (takyīr fiqhi) permit structural adaptations that enhance sustainability without compromising Sharia principles. The proposed Tripartite Partnership Model integrates comparative fiqh insights with urban governance theory, offering a flexible framework adaptable to Bandung's socio-economic landscape while maintaining juristic integrity. This research contributes to the discourse on Islamic financial inclusion by demonstrating how juristic pluralism can inform practical policy solutions for urban poverty alleviation.
A Comparison of Fiqih on Profit Sharing of Investments in the Agricultural Sector Prasetio, Andri; Setiawan, Iwan; Jubaedah , Dedah
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
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This article explains the Muzara'ah, Mukhabarah, and Musaqah contracts. These are forms of agricultural cooperation that have existed since ancient times. In practice, the current collaboration between landowners and cultivators is commonly referred to as paroan sawah (rice paddy), where the contract is not written but only verbal. This often results in losses due to the lack of authentic evidence. In Islamic banking, the most widely used principles are musyawarah and mudharabah. Muzara'ah is specifically used by some Islamic banks for plantation or agricultural financing. Muzara'ah originates from the concept of "passing". Due to this specific nature of muzara'ah, most Islamic banks use musyawarah or salam for agricultural credit. However, over time, the practice of muzara'ah has tended towards mudharabah (profit-sharing cooperation). Technically, mudharabah is a business cooperation contract between two parties, where one party (the shahib al maal) provides all the capital, while the other party, known as the mudharib, manages the business. Profits in mudharabah are shared according to the agreement outlined in the contract, while losses are borne by the negligent party. Keywords: Muzara'ah contract, Mukhabarah, Musyaqoh
Fiscal Policy Instruments Based on Indonesian Sharia Principles Linked to Fiscal in the Health Sector Prasetio, Andri; Janwari, Yadi; Al-Hakim, Sofian
Zona Law And Public Administration Indonesia Vol. 4 No. 1 (2026): January 2026
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In developing countries, such as Indonesia in general, given the relatively large informal sector, various aspects of subsidized healthcare services provided by the government, both central and regional, are important tools and means for promoting health.Health is one of the many determinants of well-being. Many developing countries worldwide strive to improve the health of their citizens in order to advance the nation's well-being. Indonesia is one of the developing countries implementing public health improvement programs. The health subsidy program is one example of the Indonesian government's focus on supporting national health, and this program has been implemented down to the lowest levels in Indonesia. Some countries have opted for direct provision of health goods, while others combine public service provision with subsidized health insurance for families with incomes below a certain threshold. Both models require identifying families unable to afford health services and the types of services considered public goods. This study aims to explore the development of these programs in relation to the fiscal policies implemented in Indonesia, which have been deemed successful in reducing healthcare costs for poor families. The results indicate a strong correlation between fiscal policy and the provision of healthcare facilities for poor families.
Normative and Practical Distinction Between Ijarah, 'Ariyah, Hiwalah, And Qard: A Comparative Study of Muamalah Fiqh in Indonesia Rifai, Ahmad; Jubaedah, Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 4 No. 1 (2026): January 2026
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This study aims to analyze the normative and practical differences between the four main contracts in fiqh muamalah, namely ijarah (rent-benefit), 'ariyah (borrowing goods without compensation), hiwalah (debt transfer), and qard (voluntary loan). Normatively, the four contracts have a strong foundation in classical fiqh literature, but their practice in Indonesia shows different variations and challenges. The research uses a qualitative field approach with in-depth interviews and observations on the community and Islamic financial institutions, especially BMT, KJKS, and Islamic banks. The results of the study show that there is a gap between normative fiqh and the reality of the field. Ijarah contracts are widely developed in Islamic financial institutions, but some people still equate them with buying and selling. Akad 'ariyah is more dominant in daily social interactions, reflecting the value of helping, although it is rarely understood as part of the fiqh of muamalah. Hiwalah contracts have been found to be very limited, although they have great potential to support modern transactions similar to debt transfer mechanisms in conventional finance. Meanwhile, qard contracts are still popular both in the social and institutional realms, but in practice they are often confused with interest-bearing loans so that they risk deviating from sharia principles. This study concludes that the low sharia literacy of the community and the limitation of product innovation in financial institutions are the main factors that cause the gap between norms and practices. Therefore, public education, intensive socialization, and the development of innovative products based on muamalah contracts are needed so that the concept of classical fiqh is not only a normative reference, but also functions as a real instrument in building the Islamic economy in Indonesia
The Implication of Property Classification on Contract Validity and Tasharruf Rights: A Comparative Analysis of Fiqh Schools Susandi, Adi; Fattah, Abdul; Jubaedah , Dedah; Setiawan, Iwan
Zona Law And Public Administration Indonesia Vol. 3 No. 6 (2025): November 2025
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Property (al-māl) occupies a central position in Islamic law as part of Maqāṣid al-Syarī‘ah. However, there is a fundamental divergence among Fiqh schools regarding its ontological definition. The Hanafi school emphasizes a materialistic approach requiring physical existence and storability while the Majority (Jumhur) scholars (Maliki, Shafi'i, and Hanbali) adopt a value-based functional approach. This study aims to analyze these comparative views and their implications for contract validity and disposal rights (ḥaq taṣarruf), particularly within the context of the digital economy. Using a qualitative library research method with a juridical-normative approach, this study finds that the Jumhur’s definition is more adaptive to modern intangible assets such as cryptocurrencies and NFTs. Conversely, the Hanafi distinction between invalid (fāsid) and void (bāṭil) contracts offers legal stability in transactions. The study concludes that a methodological synthesis between Hanafi’s legal rationality and the Jumhur’s value-orientation is necessary to construct a contemporary Fiqh Muamalah that is responsive to technological disruption while maintaining Sharia compliance

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