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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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Tinjauan Yuridis Cash Waqf Linked Ṣukūk (CWLS): Sebagai Alternatif Wakaf Produktif matlail fajar, abbas sofwan; Nurhasyim, Fiqih
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.v4i1.720

Abstract

This research discusses cash waqf and Cash Waqf Linked Sukuk (CWLS) in Indonesia. Cash waqf is a waqf instrument that uses money as a commodity, managed by the Islamic Financial Institution Receiving Cash Waqf (LKS-PWU) and the Indonesian Waqf Board (BWI). CWLS is a cash waqf instrument used to purchase government-issued Sukuk, making it a productive waqf alternative.This study aims to explain the legal status of cash waqf in Islamic law and the problems found. The results show that the legal status of cash waqf has differing opinions among scholars. Some scholars allow cash waqf with certain conditions, such as being used as business capital.The research method used is normative with a legislative approach. This research can provide literacy on the legal status of cash waqf and the mechanism of CWLS as a productive effort. CWLS can be a productive and beneficial waqf alternative for the community, increasing the potential of cash waqf in Indonesia. Thus, this research is expected to contribute to the development of cash waqf in Indonesia.
Implementasi Asas-Asas Negara Hukum Dalam Kebijakan Perlindungan Anak: Studi Kasus Penanganan Kekerasan Seksual Di Polrestabes reza, reza kharisma dwi
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.v4i1.741

Abstract

This study aims to analyze the implementation of the principles of the rule of law in child protection policies, with a focus on the handling of sexual violence cases at the Surabaya City Police Headquarters. The principles of the rule of law examined include legal certainty, equality before the law, legality, and the protection of human rights. This study employs a qualitative method with a juridical-empirical approach, analyzing legal norms alongside observations and interviews with law enforcement officers, victim advocates, and relevant social institutions. The results of the study indicate that normatively, the Surabaya City Police Headquarters has attempted to implement the principles of the rule of law through investigative and inquiry procedures in accordance with Polri operational standards and coordination with related institutions. However, in practice, various obstacles are still encountered, including limited human resources and facilities, slow forensic evidence processes, and the influence of social and cultural factors that hinder reporting and law enforcement. The principle of legal certainty has been implemented through precise administrative mechanisms and reporting systems. the need to increase the capacity of police officers through victim-based training, the provision of child-friendly facilities, strengthening coordination between law enforcement and social institutions, and harmonization of laws and regulations between the Child Protection Law and the Law on Sexual Violence Crimes. These efforts are expected to strengthen the implementation of the principles of the rule of law and realize more just, humane, and effective legal protection for child victims of sexual violence in Indonesia.
Tukar Guling (Ruislag) Tanah Wakaf dalam Perspektif Hukum Positif dan Hukum Islam di Indonesia Sholicha, Imroatus
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.v4i1.836

Abstract

This study aims to analyze the mechanism of waqf land exchange (ruislag) from the perspectives of Indonesian positive law and Islamic law, as well as to examine the synchronization between the two legal systems in contemporary waqf management practices. This issue has become increasingly relevant in line with the acceleration of infrastructure development, which frequently intersects with waqf assets, particularly waqf land located in strategic areas. This research employs a qualitative approach using a library research method. Data were collected through a systematic review of statutory regulations, classical and contemporary fiqh literature, peer-reviewed journal articles, and relevant official documents. The data were analyzed using a descriptive-analytical approach with an emphasis on comparing positive legal norms and the views of Islamic legal schools concerning the concept of waqf substitution (istibdal). The findings indicate that Indonesian positive law regulates waqf land exchange in a strict and exceptional manner, emphasizing public interest, equivalence or superiority in the value and benefits of replacement assets, and state supervision mechanisms. From the perspective of Islamic law, although differences exist among Islamic legal schools, istibdal is generally permissible insofar as it aims to preserve public interest and ensure the sustainability of waqf benefits. These findings demonstrate a substantive convergence between Islamic law and positive law in the practice of waqf land exchange. This study contributes to strengthening equitable and sustainable waqf governance and recommends enhancing transparency and supervision in the implementation of waqf land exchange in Indonesia.
Tanggung Jawab Negara dalam Menjamin Keberlanjutan Investasi Berbasis Prinsip Environmental Social and Governance muhammad, jadwa najwan; Ikarini Dani Widiyanti; Pratiwi Puspitho 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.v4i1.640

Abstract

This study examines the role of the state in ensuring sustainable investment through the integration of Environmental, Social, and Governance (ESG) principles within the Indonesian legal framework. The research aims to analyze how national regulations accommodate the balance between investment protection and the responsibility of the state to safeguard environmental and social interests. Using a normative juridical method with a statutory and conceptual approach, this article explores primary sources of law such as the Investment Law, the Omnibus Law on Job Creation, and international investment agreements, supported by secondary sources including scholarly articles and institutional reports. The findings show that while Indonesia has introduced several regulatory instruments related to sustainability, the implementation of ESG principlesremains fragmented and lacks strong enforcement mechanisms. Comparative analysis with other jurisdictions highlights the urgency for Indonesia to harmonize its legal system with global ESG standards to enhance investment attractiveness while maintaining social justice and environmental protection. The study concludes that strengthening ESG-based regulations and monitoring mechanisms is crucial for the state’s responsibility in guaranteeing sustainable investment.
A Jurisprudential Analysis of in vitro fertilisation within the Framework of Islamic Law Nasiri, Nasiri
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.v4i1.837

Abstract

The vitro fertilisation is an interesting subject to study. There is a chance that the child from in vitro fertilisation will not be recognized by the parents if it is different from expectations. Therefore, in terms of recognition, both in terms of positive law and Islamic law, it is an interesting problem to study. The aims of this study are: (1) to find out Islamic law views in vitro fertilisation; (2) to find out the form of sanctions insemination of in vitro fertilisation according to Islamic law. The design used in this study was normative legal research with a (statute approach) from the perspective of Islamic law. In this study, documentation data collection techniques were used. Analysis technique normative legal research, usedwas descriptive-analysis with evaluation, interpretive, construction, and content analysis. Islamic criminal law views on donor sperm insemination is halal in Islamic perspective. The law is the same as adultery and children born from this kind of insemination have the same status as children born outside of a legal marriage. Perspective of Islamic criminal law on perpetrators. Artificial insemination with in vitro fertilisation is restricted as is the law of fornication in adultery, however, artificial insemination with in vitro fertilisation is ta'zir on the grounds that the elements in the had of adultery are not fulfilled because there is no direct sexual intercourse.
Implentasi Simkah Dalam Administrasi Perkawinan Di Kua Gununganyar Surabaya Aufa, Muhammad In'am; Hidayah, Nur Sabilatul; Ummah, Vina Rochmatul; Mas Mir'atul Mafaza Mutiara
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.v4i1.618

Abstract

Digitalization is the transformation of data from physical form into digital format through the use of information technology. This development has encouraged the government to improve public services, particularly in the field of marriage administration, through the introduction of an innovation known as the Marriage Management Information System (SIMKAH). This study aims to analyze the implementation of SIMKAH at the Office of Religious Affairs (KUA) in Gunung Anyar District, Surabaya City. This research employs a qualitative approach, with data collection methods consisting of observation and documentation. The implementation of SIMKAH at KUA Gunung Anyar is analyzed using Indrajit’s theory of e-government success, which includes support, capacity, and value. The findings of this study indicate that the presence of SIMKAH has improved the quality of public services at KUA Gunung Anyar. Specifically, it has enhanced the effectiveness of marriage administration management, such as the accuracy and legalization of prospective bride and groom data, as well as the prevention of data falsification. Moreover, SIMKAH ensures data security, facilitates data accessibility, and supports staff performance in enforcing legal regulations related to marriage. This includes improving the effectiveness and efficiency of service time, accelerating service delivery, and increasing public satisfaction. However, the implementation of SIMKAH still requires further improvement due to several challenges, including the lack of public socialization regarding SIMKAH services, insufficient IT staff to address technical issues, and frequent instability of the central server or network.

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