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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 71 Documents
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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.  
Penyetaraan Jabatan Administrasi ke dalam Jabatan Fungsional Bagi Aparatur Sipil Negara Perspektif Fiqh Siyasah Liza Yuliana; John Kenedi; Ismail Jalili
Journal of Sharia and Legal Science Vol. 2 No. 3 (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.v2i3.405

Abstract

The purpose of this study is to examine the problem of equalizing administrative positions into functional positions for state civil servants at the State Islamic University of Bengkulu from the perspective of "fiqh siyasah" according to the regulation of the Minister of State Apparatus Empowerment and Bureaucratic Reform of the Republic of Indonesia Number 17 of 2021 concerning the equalization of administrative positions into functional positions. The type of research is Field Research, namely Qualitative Research. The data collection technique for this research uses questionnaires, interviews and documentation. The data analysis technique goes through three stages, namely Reduction, data presentation and drawing conclusions. The conclusion of this study is that the Implementation of Permanpan RB Number 17 of 2021 concerning the Equivalence of Administration to Functional Positions within the State Islamic University of Bengkulu, is in line with Islamic Principles Viewed from the perspective of: The Principle of Power as a Mandate As a State Civil Apparatus who is entrusted to lead an Institution in this case the Fatmawati State Islamic University of Bengkulu, which is led by a Chancellor, has carried out his duties to implement the Ideals of Bureaucratic Reform, namely implementing Permenpan RB Number 17 of 2021, Bureaucratic Reform, Concerning the Equivalence of Administrative Positions to Functional Positions within the Fatmawati State Islamic University of Bengkulu.
Strategi Kepolisian Polda Bengkulu dalam Pencegahan Mafia Tanah Perspektif Fiqih Siyasah Agus Kesuma; Rohmadi; Toha Andiko
Journal of Sharia and Legal Science Vol. 2 No. 3 (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.v2i3.642

Abstract

The purpose of this study was to determine the strategy of the Police in the Directorate of General Criminal Investigation of the Bengkulu Regional Police in preventing and prosecuting land mafia figures in Bengkulu City and how the perspective of Fiqh Siyasah on the strategy of the Police in the Directorate of General Criminal Investigation of the Bengkulu Regional Police in preventing and prosecuting land mafia figures in Bengkulu City. The type of field research, namely the object of research directly at the Directorate of General Criminal Investigation of the Bengkulu Regional Police using a qualitative approach. The research methods used were observation, interviews and documentation. The results of the study showed that the Strategy implemented by the Bengkulu Regional Police, Directorate of General Criminal Investigation in preventing and prosecuting land mafia figures has succeeded in reducing and narrowing the room for movement for land mafia figures and also the police's efforts to increase public insight have helped the public avoid the enticements and modes used by land mafia figures. Then by forming a Land Mafia Task Force consisting of the National Land Agency (BPN), the High Prosecutor's Office and the Police, it has succeeded in creating good collaboration between agencies so that there is a reduction in land mafia cases in the city of Bengkulu. Meanwhile, according to Islamic jurisprudence, land mafia or land fraud is strictly prohibited, individuals who commit fraud are classified as people who are unjust, the police strategy that has been carried out is in accordance with the principles of the court (al-qadha) and peace (ishlah). Thus, the settlement of disputes carried out by the Bengkulu Regional Police is in accordance with Islamic Law.  
Implementasi Pemberian Izin Terhadap Pelaku Usaha Kecil Melalui Kebijakan Online Single Submission (OSS) Perspektif Fiqih Siyasah Idariyah Devi Herlina; Imam Mahdi; Qolbi Khairi
Journal of Sharia and Legal Science Vol. 2 No. 3 (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.v2i3.643

Abstract

The purpose of this study is to determine the Implementation of Granting Permits to Business Actors Through the Online Single Submission (OSS) Policy from the Fiqh Siyasah Perspective, What are the Constraints and Obstacles and Supporting Factors for Granting Permits to Business Actors Through the Online Single Submission (OSS) Policy from the Fiqh Siyasah Perspective, What is the Review from Fiqh Siyasah on the Implementation of Granting Permits to Business Actors Through the Online Single Submission (OSS) Policy from the Fiqh Siyasah Perspective. This study uses an Empirical Juridical approach method. Data collection methods use interviews and observations. Data analysis techniques use descriptive analysis. The results of this study are: Limited Digital Infrastructure: OSS implementation is hampered by inadequate digital infrastructure, such as slow or unstable internet connections in a number of areas, reducing accessibility and efficiency of system use. Human Resources: There are still many people and business actors, especially in Seluma, who do not understand the optimal use of OSS, resulting in difficulties in obtaining permits through the system. Siyasah Fiqh Perspective: The implementation of granting permits through OSS is analyzed based on the principles of siyasah fiqh, including Maqasid al-Shariah, Maslahah, justice, ease of access, protection of individual rights, and compliance with the law.
Batas Usia Minimal Wali Nikah dalam Aplikasi Simkah Perspektif Hukum Islam dan Hukum Positif Zulfa Munawaroh; Syaiful Aziz; Rafida Ramelan
Journal of Sharia and Legal Science Vol. 2 No. 3 (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.v2i3.648

Abstract

SIMKAH is an application used to document marriage information data. One important aspect in marriage registration is the role of the marriage guardian. However, with the absence of an age limit for the marriage guardian in the guardian entry in the SIMKAH application, marriage registration can be continued even though the guardian is very young, thus this study aims to analyze the provisions of the age limit for the marriage guardian in the guardian entry in the SIMKAH application based on the perspective of Islamic law and positive law. The research method used is library research with a normative legal approach, namely the collected data is analyzed with Islamic law regulations and positive law related to the age limit for the marriage guardian. The results of the study obtained are that the provisions of the minimum age limit for the marriage guardian in the Marriage Management Information System (SIMKAH) application are not limited and can even record the age of the marriage guardian of 10 years. Islamic law analysis recommends the use of the maslahah al-mursalah theory in determining the age of the marriage guardian, which ranges from 18-21 years. However, in the Positive Law Analysis, the provisions of the minimum age limit for marriage guardians in the SIMKAH application are not in accordance with the provisions of a person's maturity to be able to be responsible for carrying out legal acts contained in applicable laws. Although both have the same essence in regulating the purpose of marriage, they have different provisions on the age limit of maturity and the age limit of puberty.
Membangun Ketahanan Keluarga pada Masyarakat Pekerja Bangunan Perspektif Hukum Keluarga Islam Wendi Prasetiyo; Zuraidah
Journal of Sharia and Legal Science Vol. 2 No. 3 (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.v2i3.683

Abstract

The study discusses building family resilience in the community who work as construction workers. This is because generally working as a construction worker is considered a trivial job by the community because of its status and income which are considered low in this case uncertain, so that they often have difficulty in meeting their family's needs even for daily living expenses and children's school fees. Conditions like this cause disputes between family members and often lead to strained relationships which no longer create a harmonious atmosphere due to economic pressures resulting from income being less than the needs that must be met. This study aims to understand efforts to build family resilience in the construction worker community in Pasar Baru Pangkalan Balai, Banyuasin Regency and a review of Islamic family law on these efforts. This type of research is field research using empirical legal methods. The results of the study show that several efforts by construction workers in Pasar Baru Pangkalan Balai, Banyuasin Regency to build family resilience include working as construction workers, looking for side jobs, establishing good communication and saving expenses. A review of Islamic family law on how to build family resilience is by prioritizing the creation of household welfare, especially the relationship between husband and wife. There are several tips used to build family resilience, namely by managing emotions, strengthening relationships, straightening intentions, and not forgetting to always be grateful.

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