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Muhammad Habibur Rochman
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Taruna Law
Published by Sekolah Tinggi Agama Islam Taruna Surabaya
ISSN : 29860423     EISSN : 29858925     DOI : https://doi.org/10.54298/tarunalaw
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus The main objective of its publication is to provide an appropriate channel for information and research publication, case studies and book reviews related to Law and Syariah based on original research and ideas by the respective authors. The editorial board welcomes original contributions (written in Bahasa Indonesia, English and Arabic) which have never been published or considered for publication by any other publishers. The journal serves as a platform for sharing ideas and experiences related to the research, development and application of Law and Syariah worldwide. Scope TARUNALAW: Journal of Law and Syariah specializes on Law and Syariah, and is intended to communicate original research and current issues on the subjects. This journal warmly welcomes contributions from scholars of related disciplines. Islamic/Civil Economic Law; Islamic/Civil Family Law; Islamic/Civil Legal Administration; Islamic/Civil Jurisprudence; Islamic/Civil Legal and Judicial Education; Comparative Islamic/Civil Law; Islamic/Civil Law and Gender; Islamic/Civil Law and Contemporary Issues; Islamic/Civil Law and Society; Islamic/Civil Criminal Law; Fatwa Manuscripts and all correspondence should be sent to the Editor-in-Chief, via online submission system (OJS). This journal subscribes LOCKSS and CLOCKSS archival system.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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PEMAHAMAN DASAR DALAM HUKUM ADAT Alfariel, Enru Achmad; Abidin, Farah Arthanevia; Wardana, Mahendra Kartika; Alfatoni, Muhammad Aqil
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.464

Abstract

Indonesia is a country with a very large diversity of indigenous tribes, and in each indigenous tribe in each region there are differences in the laws used in dealing with problems that occur in the respective regions of the indigenous tribe. The large number of indigenous tribes in each region gave rise to this article to provide practitioners with an understanding of fundamental knowledge about customary law in the territory of Indonesia. This study uses a juridical-normative method with a conceptual approach and a study of laws and regulations. The results of this study emphasize the importance of understanding the concept and definition of customary law itself. In addition, this article also highlights that customary law communities still maintain the validity of customary law until now because they believe that decisions made through customary justice mechanisms against a violation are able to present a sense of justice. Not only that, customary justice is also considered capable of restoring social and spiritual balance that is disturbed due to customary violations. And also with the many cultural diversities in Indonesia, it also provides differences related to the understanding or definition of customary law in each region, so that in this article there is how to define customary law in the Bugis and Minangkabau regions. Of course, both regions also provide different definitions regarding what customary law is and also in the process of forming customary law itself there are several stages which are also discussed in this writing.
Transformasi Hukum Adat di Tengah Modernisasi: Antara Pelestarian Nilai Tradisional dan Adaptasi Global Prasetyono, Dika Aries; Mega Ayu Putri Sanjaya; Muhammad Ircham Faridil Kudsi
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.474

Abstract

Customary law is part of the culture of the Indonesian nation that lived in society long before the existence of modern law. Customary law is a norm that is embodied in the behavior of society. Speaking of customary law in the aspect of culture, customary law was born or grew from the habits of society that interact with each other, which reflects the basic values of Indonesian culture. Customary law plays an important role in maintaining local culture, especially in the function of maintaining and preserving cultural heritage. In this paper, customary law will be studied in the aspect of culture which includes three main points, namely; culture in society, the culture of several tribes in Indonesia, and customary cases in cultural phenomena. The method used in compiling this paper is based on literature studies by reviewing several standardized scientific reading sources in order to enrich insight into the correlation of customary law with aspects of culture. In this paper, it can be seen that culture in society is a way of life that is passed down from generation to generation, and is an inseparable part of people's lives. The culture of several tribes in Indonesia symbolizes the diversity of cultures that are an integral part of the order of life of Indonesian people.  As well as Customary Cases in Cultural Phenomena are interpreted as an action that leads to a form of violation of customary norms that gives rise to dynamics of social behavior in the wheel of community life, including the Gowok Tradition of the Javanese Tribe, the Kawin Tangkap Tradition in Poso, and Religious Conflict in Sumba.
Implikasi Putusan MK No 62 Tahun 2024 Terkait Penghapusan Presidential Threshold Nur Alfi Rahmayanti; Ikhsan Fatah Yasin
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.475

Abstract

There has been an elimination related to the presidential threshold in proposing presidential and vice presidential candidates by political parties in the Constitutional Court Decision Number 62/PUU-XII/2024 which tests Law Number 7 of 2017 concerning General Elections against the 1945 Constitution of the Republic of Indonesia. Regarding the elimination of the presidential threshold, it will bring significant changes to the general election system in Indonesia. This study aims to analyze the implications of the decision from a legal perspective and political reality through a juridical-normative approach and political analysis, this study finds that the elimination of the presidential threshold has the potential to expand the political participation of new and small parties, as well as independent candidates, but on the other hand it can also pose a risk of political fragmentation and government instability. The results of this study are expected to contribute to understanding the long-term impact of the Constitutional Court's decision on democracy and governance in Indonesia.
Qadzaf Dalam Perspektif Fikih Jinayah : Pengertian, Unsur-Unsur Dan Hukuman Bagi Pelaku Nur, Nur Rahmawati; Mad Sa’i
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.483

Abstract

Qadzaf is one of the acts that is strictly prohibited in Islam because it is related to accusations of adultery without valid evidence. In Islamic jurisprudence, qadzaf is seen as a serious criminal act that can damage a person's honor and dignity. Islam highly protects human honor and strictly prohibits the act of accusing without a basis in truth, because this kind of accusation can have negative impacts, such as slander, division, and social damage. The method used in this study is a descriptive-analytical library research. Data collection was carried out through document analysis, by reviewing books and journal articles that are relevant to the topic discussed. The results of this study indicate that qadzaf linguistically also means accusing, throwing stones or other objects, while terminologically, qadzaf means accusing of adultery. So qadzaf is accusing a muhsan (adult, sane, free, Muslim, and good person) of committing adultery. Then the elements of qadzaf are three, namely the accusation of adultery or eliminating lineage, the accused person is a muhshan person and there is evil intent and unlawful intention. In addition to the elements of qadzaf in qadzaf there is a punishment for the perpetrator, namely the main punishment (volume or lashing eighty times) and additional punishment (not accepting his testimony).
KENDALA TERJADINYA PERMASALAHAN DALAM IMPLEMENTASI UNDANG-UNDANG PERLINDUNGAN ANAK Ariyanti, Alya; Hunainah
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.496

Abstract

The implementation of the Child Protection Law (UUPA) in Indonesia faces a number of significant obstacles that hinder the achievement of the goal of protecting children's rights effectively. This study evaluates the main challenges that arise in the implementation of the UUPA. These obstacles include limitations in institutional resources and capacity (limited budget, lack of competent workers, and inadequate infrastructure); lack of coordination and synergy between institutions (overlapping authorities, weak referral mechanisms, and unintegrated data); variations in understanding and enforcement of the law (lack of understanding among officials and the community, and inconsistent enforcement); the existence of social stigma, patriarchal culture, and challenges in the digital world; and children's participation that has not reached optimal levels. This article concludes that the complexity of the issue requires comprehensive cooperation from all parties involved, including increasing the budget, strengthening capacity, adjusting institutions, disseminating broad laws, and adapting to new methods of crime. By addressing these challenges, it is hoped that the UUPA can operate more effectively in creating a safe environment and supporting the growth and development of children in Indonesia.
Mutasi Sekda Jepara ke Diskarpus dalam Perspektif Permenpan RB No. 15 Tahun 2019 Albab, Ulul; Febritah Zalfaa Nabilah; Muhammad Rifki Ferdinan; Dwi Wirayudha; Rania Nurhalisa
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.536

Abstract

This study examines the administrative legal implications of the transfer of the High Leadership Position (JPT) from Regional Secretary (Sekda) of Jepara to Head of the Archives and Library Office (Diskarpus), focusing on potential violations of meritocracy, legality, and transparency principles in civil servant management. The research aims to assess the compliance of the transfer process with the provisions of Ministry of Administrative and Bureaucratic Reform Regulation No. 15 of 2019 on Open and Competitive Filling of JPT, and to evaluate its impact on the integrity of local government governance. The study employs a normative juridical approach with an analysis of relevant legislation and a case study of the Sekda Jepara transfer. Findings reveal that the transfer was conducted without an open selection process, lacked recommendation from the Civil Service Commission (KASN), and disregarded the evaluation of qualifications and competencies as mandated by the merit system. These findings indicate violations of the principles of good governance, particularly legality, due diligence, and protection of civil servants’ rights, potentially leading to maladministration and reduced public accountability. Therefore, this study recommends strengthening external oversight by KASN, enhancing regulatory understanding among personnel authorities, and comprehensive reform of transfer governance to ensure legality, transparency, and accountability.
Tinjauan Hukum terhadap Mekanisme Gugatan Sederhana di Pengadilan Agama: Perspektif Asas Sederhana, Cepat, dan Biaya Ringan Mu'ala, Abdulloh Afifil
Taruna Law: Journal of Law and Syariah Vol. 3 No. 02 (2025): July
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v3i02.548

Abstract

This study aims to analyze the implementation of the small claims mechanism in Religious Courts based on the principles of simplicity, speed, and low cost. This study uses a normative juridical method by reviewing laws and regulations such as PERMA Number 2 of 2015 in conjunction with PERMA Number 4 of 2019, as well as relevant legal literature. The results of the study indicate that small claims in Indonesia are an innovation of the small claims court concept in various countries and are regulated in PERMA Number 2 of 2015 in conjunction with PERMA Number 4 of 2019. Its application to Islamic economic cases in Religious Courts is a concrete manifestation of the implementation of the principles of simple, fast, and low cost justice as stated in Article 2 paragraph (4) of Law Number 48 of 2009 concerning Judicial Power. The appointment of a single judge in small claims also speeds up the trial process and reduces formalities, thereby providing wider access to justice. This study concludes that small claims are an important breakthrough in the modernization of the civil justice system in Indonesia, especially in the realm of Religious Courts because they reflect the principles of simplicity, speed, and low cost.
A Crowdfunding sebagai Instrumen Investasi Baru: Analisis Yuridis terhadap Perlindungan Investor di Indonesia Andrano, Romeo Andrano; Ikarini Dani Widiyanti; Pratiwi Pusphito Andini
Taruna Law: Journal of Law and Syariah Vol. 4 No. 1 (2026): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v4i1.641

Abstract

This study aims to analyze the legal protection of investors in crowdfunding as a new investment instrument in Indonesia. The rapid growth of financial technology has introduced crowdfunding platforms as alternative financing and investment schemes beyond conventional capital markets. However, this development raises legal risks for investors, including information asymmetry, potential fraud, and default by issuers. This research uses a normative juridical method with statutory and conceptual approaches, supported by comparative studies with international practices. The results indicate that the Indonesian regulatory framework, mainly the Financial Services Authority Regulation (POJK) No. 57/POJK.04/2020, has provided preventive protection through licensing requirements, disclosure obligations, and monitoring mechanisms. Nonetheless, repressive protection mechanisms remain limited, particularly regarding dispute resolution and liability of platform providers. This study concludes that while crowdfunding is a promising instrument for democratizing investment, legal certainty and investor protection need to be strengthened by expanding OJK’s supervisory role and harmonizing crowdfunding regulations with capital market and company law.
Hak Aborsi Wanita Tanpa Persetujuan Suami Dalam Perspektif Hukum Keluarga Islam Wahyudi; Oyo Sunaryo Mukhlas; Beni Ahmad Saebani
Taruna Law: Journal of Law and Syariah Vol. 4 No. 1 (2026): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v4i1.716

Abstract

This study discusses women's right to abortion without the husband's consent from the perspective of Islamic family law. The main focus of this study is to explore how Islam views women's reproductive rights in the context of abortion decision-making, especially when the decision is made without involving the husband. This study uses a normative approach by referring to primary sources such as the Qur'an, Hadith, and jurisprudence books, as well as secondary sources in the form of scholars' fatwas and contemporary literature. The analysis results indicate that Islam allows women to make decisions regarding their health, including abortion in cases of medical emergencies or pregnancy due to rape. However, the principle of joint responsibility in marriage also requires the involvement of the husband in such decision-making. Conflicts between women's reproductive rights and the rights of husbands often arise due to differences in views on the priorities of justice and maslahah (well-being). Abortion without the husband's consent can have a negative impact on household harmony, such as communication breakdowns, distrust, and moral conflicts. Therefore, the proposed solution is the application of the principle of consultation (musyawarah) as an effort to reach a fair and beneficial agreement for all parties.
Implementasi Pasal 77 Undang-Undang Lalu Lintas dan Angkutan Jalan Perspektif Sosiologi Hukum : (Studi Kasus di SMAN 1 Ngaglik) Uddin, Muhammad Baha; Andiriani, Agesti; Saputra, Akbar Dwi; Aris, Nurhidayat
Taruna Law: Journal of Law and Syariah Vol. 4 No. 1 (2026): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v4i1.719

Abstract

A driver's license (SIM) is an official license from the government in accordance with Article 77 paragraph (1) of Law No. 22 of 2009 on Road Traffic and Transportation, which is granted to the public to be able to drive vehicles on the road according to their type. However, there are requirements regarding when someone can obtain this license, namely the minimum age of 17 (seventeen) years. Nevertheless, Article 77 paragraph (1) is not fully implemented by the public in terms of license ownership as a legality to ride a motorcycle, in this case, by students at SMAN 1 Ngaglik. This issue is the background of this research, namely how the normative (and sollen) provisions regarding this regulation are not automatically applied by the public, or in other words, do not correspond to reality (das sein). This research uses a field research method with an empirical and sociological approach. The data were obtained through interviews, observations, and documentation to identify and describe the factors, causes, and reasons why the 'das sollen' did not meet expectations, thereby resulting in the 'das sein.' The research results show that every student at SMAN Ngaglik has limited resources in the pick-up mechanism, lives far from school, and there is no conventional public transportation. Therefore, there is only one option available, which is to ride their own motorcycle to school, even though according to the rules they are clearly violating them, but due to the environment and social conditions, they act this way.

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