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Journal of Sharia and Legal Science
Published by CV. Doki Course and Training
ISSN : 29887119     EISSN : 2987601X     DOI : https://doi.org/10.61994/jsls
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN: 2988-7119 and electronic (e) with ISSN Online: 2987-601X.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science" : 9 Documents clear
Implementasi Peraturan Pemerintah Nomor 94 Tahun 2021 Tentang Disiplin Pegawai Negeri Sipil Perspektif Fikih Siyasah Tanfidziyah Yuman Rahmandha; Thoha Andiko; Imam Mahdi
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.406

Abstract

This study aims to solve problems related to the implementation of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline from the perspective of fiqh siyasah at the Secretariat of the Regional People's Representative Council (DPRD) of Seluma Regency. Civil Servant Discipline is the rules and actions implemented to maintain discipline and behavior in accordance with norms and ethics in the civil servant work environment. Civil servant discipline is regulated in laws and government regulations in force in the country. Fiqh Siyasah is the management of general problems for the state with an Islamic nuance that guarantees the realization of benefits and avoids harm without violating sharia provisions. The research conducted was field research with a qualitative method with a normative approach and comparative law. Data were obtained through various methods, namely observation, interviews, documentation and literature studies. Data were analyzed using interpretation techniques to reveal the ontological, epistemological, and axiological essences related to the research objectives. This study found that the implementation of the discipline of government regulation number 94 of 2021 concerning Civil Servant Discipline article 8 paragraph 1 letter a in the Secretariat of the Regional People's Representative Council (DPRD) has been implemented but is not optimal. In terms of the duties and functions of Civil Servants at the Seluma Regency DPRD Secretariat, it is good but still not optimal, because there are still violations committed by Civil Servants but have not been prosecuted in accordance with applicable regulations. The results of this study state that Civil Servants at the Seluma Regency DPRD Secretariat do not fully apply the principle of "obedience" in the fiqh siyasah Tanfidziyah.
Fungsi dan Tugas Pembimbing Kemasyarakatan dalam Sistem Peradilan Pidana Anak Perspektif Fiqh Siyasah Filip Jaya Saputra; Sirajuddin; Supardi
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.409

Abstract

Institutions involved in the juvenile criminal justice system are not only courts, prosecutors, police, but also involve the Correctional Center. The Correctional Center or BAPAS has an important role in the juvenile criminal justice system. Therefore, this study aims to examine the function and duties of BAPAS in the juvenile criminal justice system from the perspective of fiqh siyasah. The main problem in this study is how fiqh siyasah reviews the functions and duties of Counselors in the juvenile criminal justice system. This study is a qualitative study. Data collection was carried out by interview and documentation. The study was conducted at the Bengkulu District Court class IA. This study concludes that the laws and regulations do not indicate the legal position of community counselors to be able to participate in juvenile criminal justice trials in assisting children in conflict with the law. And the positioning of community counselors during trials is not yet known. Carrying out its duties to provide guidance, supervision, and assistance to children inside and outside the criminal justice process and has been carried out with full responsibility even though some of the authorities of the community counselors are still constrained because the Temporary Child Guidance Institution (LPAS) and LPKS where these facilities do not yet exist in Bengkulu province. In fiqh siyasah, community counselors can be called muhtasib who carry out supervision, education and strive for human welfare in preventing harm among the community, especially children who are still minors.
Comparison of Criminal Sanctions for Drugs Abusers in Indonesian Positive Law and Islamic Law Zulfahmi
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.646

Abstract

Drug misuse is a crime that has far-reaching ramifications and devastates the generations of any nation. The growing prevalence of drug usage, particularly among young people, presents a serious danger to public health, social cohesiveness, and the economic well-being of Indonesia. This study combines normative legal methodology with a comparative approach to compare the positive legal system in Indonesia with Islamic law about the topic of drug usage. The results of this writing indicate that positive law in Indonesia imposes fixed penalties based on Law Number 35 of 2009 concerning Narcotics, which vary depending on the type and level of narcotics abuse, with the heaviest sanctions being imprisonment and/or life imprisonment or the death penalty, in addition to fines. Meanwhile, Islamic law allows for a flogging punishment of 40 lashes, coupled with the judge's discretion in imposing penalties commensurate to the seriousness of the offender's crimes, reflecting the moral and religious components of drugs addiction. Both legal systems attempt to fight drug use but highlight the necessity for a balanced approach between severe law enforcement and extensive prevention and rehabilitation initiatives. The success of this technique continues to be contested, underlining the necessity for collaboration between law enforcement and social and educational efforts to adequately combat drug addiction.  
Pengancaman di Media Elektronik dalam Hukum Pidana Islam termasuk Jarimah Ta’zir M. Dzulfikriddin
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.647

Abstract

Threats are a crime. Nowadays, threats are often made through electronic media. Threats through electronic media violate the Electronic Information and Transactions Law as in the case that was decided by the judge in decision Number 796/Pid.Sus/2021/PN Jkt.Pst. The main problem raised in this study is how to analyze Islamic criminal law in criminal cases of threats through electronic media as in the judge's decision Number 796/Pid.Sus/2021/PN Jkt.Pst. The purpose of this study is to understand the act of threats through electronic media in Islamic criminal law. This research is a normative juridical research. The type of data is qualitative data. The data source is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out through literature studies, while data analysis was carried out descriptively. The results of the study show that threats through electronic media as in the decision of judge Number 796/Pid.Sus/2021/PN Jkt.Pst are subject to sanctions based on the provisions of the regulations in Article 29 in conjunction with Article 45 B and Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) of Law Number 19 of 2016 concerning Amendments to Law 11 of 2008 concerning Information and Electronic Transactions. In Islamic criminal law, the act of threatening through electronic media is also a criminal act. In Islamic criminal law, this criminal threat is included in the category of Ta'zir crimes. The provisions of the sanctions are determined by the judge or ulil amri.
Implementasi Sanksi Hukum Bagi Pengguna Modifikasi Motor Knalpot Racing Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Perspektif Fiqh Siyasah Rima Oktaviani Fanidia; John Kenedi; Ismail Jalili
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.650

Abstract

Law Number 22 of 2009 concerning Traffic and Road Transportation prohibits the use of racing motorcycle exhausts. However, people still often use them, especially teenagers. This occurs in various regions, including in the Bengkulu Regional Police Jurisdiction. Thus, the main problem of this research is how to implement legal sanctions for users of racing motorcycle exhaust modifications and what is the Fiqh Siyasah perspective on this. This type of research is field research, namely the object of research directly at the Traffic Directorate (Ditlantas) of the Bengkulu Regional Police using a qualitative approach. Based on the results of the study, it was concluded that legal sanctions for users of racing motorcycle exhaust modifications have been implemented based on Law Number 22 of 2009, but have not been optimal. The principles of Fiqh Siyasah such as public interest, justice, prevention, and government authority support this action, with the aim of protecting the safety and interests of the community. Effective law enforcement requires cooperation between the government and the community, the use of modern technology, and an educational approach, so that it is expected to create a safe, comfortable, and harmonious environment for all.
Tindak Pidana “Obstruction of Justice” dalam Pengaturan Undang-undang Nomor 1 Tahun 2023 Ismail Pettanasse; Febrina Hertika Rani; M. Adi Saputra; Dea Justicia Ardha
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.651

Abstract

Law enforcement efforts must pay attention to the criminal offence of Obstruction of Justice, because it can have an impact on the law enforcement process itself. Thus, this research discusses how the regulation of the criminal offence of Obstruction of Justice in the legislation. The purpose of this research is to understand what actions are included in the category of Obstruction of Justiice. The type of research used is normative legal research. The research data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials.  The results of the study suggest that in Law Number 1 Year 2023, the criminal offence of Obstruction of Justice is regulated in more detail in Chapter VI on Criminal Offences Against the Judicial Process, which is divided into three parts: Misdirection of the Judicial Process: Includes falsification of evidence, giving false testimony, and actions that interfere with the judicial process. The maximum sanction is six years imprisonment or a category V fine (Article 278), Disrupting and Obstructing the Judicial Process: Includes disrupting a trial, disobeying a court order, attacking the integrity of the authorities, and obstructing an investigation. The maximum sanction is seven years and six months' imprisonment or a category IV fine. (Articles 279-292), Destruction of Court Buildings, Courtrooms, and Court Equipment: This includes damaging the court building or court equipment which results in the court session not being able to continue. The maximum sanction is five years imprisonment. (Article 293) In addition, Law No. 1 of 2023 also covers the Protection of Witnesses and Victims from Article 294 to Article 299, to ensure safety and justice for witnesses and victims in the judicial process.  
Pertengkaran Terus Menerus Sebagai Alasan Paling Tinggi pada Perkara Cerai Gugat  di Pengadilan Agama Kelas Ib Sungailiat Wahyu Mahdi Prananta; Ifrohati
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.675

Abstract

Divorce cases, which are one of the divorce cases that have increased in the period 2020-2022, were recorded at around 2,178 cases at the Sungailiat Class IB Religious Court. Therefore, the main problem in this study is what causes the increase in divorce cases and what the reasons are. The purpose of this study is to examine the reasons for divorce cases at the Sungailiat Class IB Religious Court according to Islamic law. This study is a type of field research, with a descriptive approach, the data in this study were obtained from primary data and secondary data, with data collection techniques used through interviews and documentation. The data was analyzed descriptively qualitatively. The results of the study stated that the increase in divorce cases at the Sungailiat Class IB Religious Court was caused by many factors. The highest reason for divorce cases was due to continuous quarrels and disputes. Reviewed from Islamic law regarding the reasons for divorce due to continuous quarrels and disputes decided by the Sungailiat Religious Court, it is based on the provisions and principles of Islamic law, this is because the divorce occurred after a peace effort was made by the Sungailiat Class IB Religious Court.
Pelimpahan Kekuasaan Dalam Jual Beli Tanah Kavling Tanpa Sertifikat Prespektif Hukum Ekonomi Syariah Marisa Natasya; Siti Rochmiyatun
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.680

Abstract

Delegation of power states that the transfer, delegation, or granting of a mandate carried out by one person to another. In this delegation of power, problems often occur due to irresponsible parties. Therefore, this study formulates the main problem as follows: how is the delegation of power in the sale and purchase of land plots without certificates on Jalan Taqwa Mata Merah, Palembang. The purpose of this study is to examine the delegation of power in the sale and purchase of land plots without certificates from the perspective of Sharia Economic Law. This study is an empirical legal study. Data sources consist of primary data and secondary data. Primary data were obtained through interviews with informants. The results of the study indicate that problems in the delegation of power in the sale and purchase of land plots without certificates occur because they are carried out verbally. This delegation of power in the perspective of Sharia Economic Law is called the wakalah bil ujrah contract to obtain. The delegation of power that occurred in this case is not in accordance with the wakalah bil ujrah contract and is detrimental to the parties in the sale and purchase of land plots.
Perlindungan Hukum Terhadap Anak Penyandang Disabilitas yang Menjadi Korban Tindak Pidana Pemerkosaan dalam Perspektif Hukum Pidana Islam Antoni; Rifqi Hidayat
Journal of Sharia and Legal Science Vol. 2 No. 2 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i2.681

Abstract

Children with disabilities receive special protection under the law. Especially for children with disabilities who are victims of rape. Therefore, this study focuses on the main problem on the form of legal protection for children with disabilities who are victims of rape and how the analysis of Islamic criminal law relates to this. This study aims to explore the form of legal protection for children with disabilities who are victims of rape, as well as to understand the perspective of Islamic criminal law on the case. The research method used is normative legal research with a descriptive analytical approach. Data were obtained through literature studies and analysis of related legal documents. Legal materials were collected by reviewing, recording, evaluating library materials, or searching via the internet and analyzing legal materials by interpreting the legal materials that had been processed. The results of the study indicate that legal protection for children with disabilities who are victims of rape includes the protection that has been explained in Article 5 paragraph (3) letter (a) of Law Number 8 of 2016 concerning Persons with Disabilities stating that children with disabilities have the right to receive special protection from discrimination, neglect, harassment, exploitation, and sexual violence. Then preventive and repressive protection. In addition, Islamic criminal law considers children with disabilities as victims whose rights must be protected, by providing punishments in accordance with justice.  

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