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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 62 Documents
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Pemetaan Hukum Islam di Nusantara: Peran dan Fungsi Ijtihad Ahmad Nabil Amir; Tasnim Abdul Rahman
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.v2i3.687

Abstract

Summarizing the role and function of Islam in the trajectory of law in Malaysia, this paper seeks to conceptualize the influence of shariah and its development in the nation’s legal system. Founded since the Sultanate era of the Malay rulers and continued into the colonial and post-colonial times, it proceeded to study the history of the formation of Malay political entity and its structure of government and the subsequent transition of power into the hand of the Portuguese, Dutch, Japanese and British colonizers. During that time, the Islamic law and its traditional belief and system was highly challenged by the colonial design of Orientalism, Westernization, and modernization to the point of suppressing the local custom of Malay people and their legal and moral values and sentiment. This was exacerbated by the collapse of the Ottoman empire - the last bastion of the Caliph that represent the Pan Islamic ideal embraced by the Malay world. The method of study is based on qualitative (narrative) analysis of the type of library and literature survey. It uses conceptual, descriptive, and analytical method to analyze the data and makes the conclusion. The finding concludes that the enforcement of Islamic law was hindered by the intervention of colonial master prioritizing the implementation of common law underlying its worldview that bring foreign culture and system into the consciousness of the masses for their political advantage, in addition to the dominant secular force of nationalism and communism that prevail and imposed upon the indigenous people throughout the country. 
Mekanisme Pengangkatan dan Pemberhentian Perangkat Desa Perspektif Fiqih Siyasah Tanfidziyah Delfi Wulandari; Supardi; Abdul Hafiz
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.v2i3.703

Abstract

This study aims to analyze the impact of the mechanism for the appointment and dismissal of Village Apparatus that is not in accordance with the Regulation of the Regent of South Bengkulu Number 09 of 2019 concerning Procedures for the Appointment and Dismissal of Village Apparatus, especially in Penindaian Village, Kedurang Ilir District, South Bengkulu Regency. In addition, this study also examines the mechanism from the perspective of fiqh siyasah tanfidziyah as the basis for Islamic law relating to governance. The type of research used in this study is field research. Data collection uses observation, interview and documentation techniques. This study found that the mechanism for the appointment and dismissal of Village Apparatus in Penindaian Village, Kedurang Ilir District, South Bengkulu Regency, which is not in accordance with the Regulation of the Regent of South Bengkulu Number 09 of 2019, has had significant legal and social impacts. In addition, the mechanism does not fulfill the principles of fiqh siyasah tanfidziyah, such as equality, brotherhood, accountability, tolerance, freedom, deliberation, justice, balance, moderation, and obedience. The results of this study highlight the importance of enforcing regulations and implementing fiqh siyasah values ​​in village governance to achieve justice and harmony in society.
Tindak Pidana Cyberstalking di Media Sosial Menurut Prespektif Hukum Pidana Islam Ridho Wanantho; Dodi Irawan; Paisol Burlian
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.v2i3.866

Abstract

This study discusses How Cyberstalking Crimes Are on Social Media and discusses How the Perspective of Islamic Criminal Law on Cyberstalking Crimes on Social Media. The purpose of this study is to find out about the sanctions for cyberstalking crimes both in positive criminal law and Islamic criminal law. This study uses normative legal research with a literature review type. The results of this study can be concluded that someone commits a cyberstalking crime on social media by taking actions to disturb, attack, threaten, harass, and force their victims to do something or not do something. By using the internet or technology such as smartphones, computers, or other technologies. With the intention of terrorizing, intimidating, and scaring the victim. Subject to the article on cyberstalking crimes, namely Article 29 of Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). Meanwhile, the punishment for cyberstalking perpetrators according to the perspective of Islamic criminal law is included in the category of ta'zir crimes, where this punishment is determined by the government or local authorities related to freedom (prison sentences and exile) which are of a learning nature to improve the behavior of cyberstalking perpetrators.  
Efektivitas Keberlakuan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Mediasi dalam Perkara Perceraian Pengadilan Agama Kelas 1A Palembang Risma, Alifiah; Ifrohati
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.v2i3.868

Abstract

The purpose of this study is to examine the effectiveness of the implementation of the Supreme Court Regulation on Mediation in the Religious Court of Palembang City. A mediator is a judge or other party who has a mediator certificate as a neutral party who helps the parties in the dispute resolution process without using the method of deciding or forcing a settlement between the parties. However, this mediation is often unsuccessful in reconciling the parties, especially in divorce cases. This type of research is field research. The method used in this study is a qualitative method. The data sources used are primary data, namely the results of interviews, secondary data, namely those from books, journals, and others. The results of the study show that the mediation procedure in divorce cases at the Palembang Religious Court Based on Supreme Court Regulation Number 1 of 2016 has been implemented effectively, the mediator on duty already has a certificate. However, the parties who mediate in divorce cases at the Palembang Religious Court prioritize feelings over anything else, causing the mediation to fail. The factors that influence the success of mediation in divorce cases at the Class 1A Religious Court of Palembang are child factors, family factors, the role of the judge and the mediator.
Telaah Fiqih Siyasah pada Pembatalan Peraturan Walikota Bengkulu oleh Gubernur Terkait Nilai Dasar Tanah dan Bangunan Frediansyah; Imam Mahdi; Ismail Jalili
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): 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.v3i1.408

Abstract

This study aims to analyze the provisions of the legislation governing the cancellation of a legal product and examine it from the perspective of siyasah dusturiyah, in order to obtain a description of the harmonization and synchronization between government elements. This study uses a conceptual normative legal approach and a statute approach. The data collection method is carried out by tracing primary and secondary legal materials, which are then inventoried and classified according to the problems discussed. Data analysis is carried out by systematically reviewing and processing the legal materials that have been collected to answer the formulated legal issues. The results of the study indicate that from the perspective of fiqh siyasah, the Bengkulu Mayor Regulation Number 43 of 2019 concerning the Basis for Clarification of the Collection of Land and Building Acquisition Fees (BPHTB), which is enforced in the Bengkulu City community, needs to be reviewed. This is because its impact causes more harm than benefit to the community. Thus, a review of the regulation is important to ensure the principles of justice and benefit in regional governance.
Mekanisme Pengurangan Masa Hukuman bagi Narapidana Korupsi di Lembaga Pemasyarakatan Kelas II A Bengkulu Dalam Fiqih Siyasah Maman Wira Atmaja; Supardi; Qobli Khairi
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): 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.v3i1.645

Abstract

With the issuance of the Regulation of the Minister of Law and Human Rights Number 07 of 2022 which fills the legal vacuum resulting from the judicial review of Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning the Requirements and Procedures for the Implementation of the Rights of Correctional Inmates, it has become something that attracts attention. Because of course the mechanism for reducing the sentence thanks to the judicial review has changed. The main question of this study is whether information about the new sentence reduction mechanism has reached the prisoners. Meanwhile, it is generally known that the mechanism for reducing the sentence is not easy for prisoners to understand. Because in fact the reduction of the sentence is the right of all prisoners as regulated in the law. Thus, the purpose of this study is to determine how the mechanism for reducing the sentence in Class II A Bengkulu Prison works. This study is a qualitative study with an empirical legal approach. The results of the study show that the sentence reduction mechanism that applies according to the regulations is not effective in making prisoners get their rights, namely a reduction in sentence. In conclusion, the lack of understanding of prisoners regarding the mechanism for reducing the sentence creates a great potential that prisoners can fail to obtain their constitutional rights, namely a reduction in sentence.
Telaah Maqashid Syariah terhadap Penerapan Sanksi Kebiri Kimia bagi Pelaku Pedofilia Asrofi Asrofi; Zulfahmi, Zulfahmi; Abdul Haris Nasution
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): 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.v3i1.699

Abstract

Sexual violence against children is a serious crime and requires appropriate and effective sanctions. One form of punishment applied in Indonesia is chemical castration, as stipulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020. Although it aims to provide a deterrent effect, this punishment has drawn pros and cons, especially regarding its effectiveness and compatibility with the principles of maqashid sharia. Maqashid sharia emphasises the protection of five main aspects: soul, mind, offspring, property, and religion. This study aims to analyse the application of chemical castration sanctions within the framework of maqashid sharia, as well as assess its impact on the rehabilitation of perpetrators and the prevention of paedophilia crimes. A qualitative method was used with a literature study approach collected from various legal sources and maqashid sharia theory.  The results of the analysis show that although this sanction is in line with the principles of preventing harm and protecting future generations, its implementation still draws pros and cons. The main criticism states that chemical castration may violate human rights and Islamic principles of justice as a whole, mainly due to the significant psychological and social impact on the offender, as well as its debatable effectiveness as a temporary solution.  The study concluded that although chemical castration has the potential to be a preventive measure, there is still a need for in-depth studies and the development of alternative sanctions that emphasise justice for both parties and a proportional rehabilitative approach to overcome trauma and the negative impact of sexual crimes against children.
Peran Kepolisian dalam Pencegahan Illegal Fishing terhadap Nelayan yang Menggunakan Alat Penangkapan Ikan Pukat Hela dan Pukat Tarik Perspektif Siyasah Dusturiyah Roni Mulyanto; John Kenedi; Miti Yarmunida
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): 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.v3i1.712

Abstract

This study aims to examine the role of the police in preventing illegal fishing against fishermen using trawl and pull fishing gear in Bengkulu from the perspective of siyasah dusturiyah. This type of research is field research with a qualitative approach, which aims to obtain descriptive data through interviews and direct observation at the Directorate of Water and Air Police of the Bengkulu Regional Police. The results of the study indicate that efforts to prevent illegal fishing by the Ditpolairud Polda Bengkulu have been carried out through various approaches, including legal socialization, sea patrols, and investigations and inquiries into perpetrators of violations. However, the optimization of the role of the police is considered not optimal, especially in the preventive-structural aspect. This is due to the lack of strong synergy and coordination between law enforcement officers and local governments in creating policies that touch on the root of the problem, such as the economic inequality of local fishermen. As for the siyasah dusturiyah study on the prohibition of the use of trawl and pull fishing gear by the Police because this act is a crime that violates norms, both in terms of religious norms, law, and the environment. To assess or measure an act as a crime depends on the values ​​and outlook on life found in society regarding what is good and beneficial for society up to the level of harm of the act.
Peringatan Darurat Indonesia Kasus Putusan Rancangan Undang-Undang Pilkada: Studi Ilmu Sosial dan Ilmu Politik M Leliko Ariyan Jaya
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): 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.v3i1.773

Abstract

The viral emergency alert on social media stemmed from a controversial Constitutional Court decision regarding Indonesia’s local elections. The Court ruled to lower the electoral threshold for political parties and allowed candidates to meet the age requirement (30 years) at the time of registration rather than at inauguration. However, the legislature quickly responded with a conflicting decision the following day. This study aims to examine how power should operate within the framework of democratic governance and the trias politica principle. Using a descriptive qualitative approach, the research explores the imbalance and potential manipulation of power among the legislative, executive, and judicial branches. The rapid reversal of crucial decisions indicates a concentration of power that bypasses institutional checks and balances. Public dissatisfaction was evident in protests and widespread discourse, signaling a crisis of trust in state institutions. The disruption of democratic mechanisms may lead to long-term consequences, including corruption, social inequality, and authoritarianism. In a democratic state, where sovereignty lies with the people, such political instability endangers the legitimacy and effectiveness of governance.
Kajian Fikih Siyasah Pada Mekanisme Pemilihan Presiden Secara Langsung Nadya Lestari Putri; Rohmadi; Nenan Julir
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): 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.v3i1.896

Abstract

Direct presidential elections are part of Indonesia's democratic system that aims to legitimize leaders through popular participation. However, the practice of elections still faces various problems such as money politics, black campaigns, and vote manipulation that can disrupt the integrity of the democratic process. This study aims to analyze the mechanism of direct presidential elections from the perspective of fiqh siyasah. This study uses a qualitative approach with normative legal methods, through library research and a normative-juridical approach. The analysis was carried out on legal regulations such as the 1945 Constitution, the Election Law, and Islamic law and fiqh siyasah literature. The results of the study show that the election mechanism has been systematically regulated, starting from candidate registration, verification by the KPU, campaign, voting, to the announcement of the results. However, ethical and technical challenges still arise in its implementation. From the perspective of fiqh siyasah, the practice of direct elections in Indonesia needs to be reviewed to better reflect the values ​​of justice, honesty, and public welfare. Therefore, systemic improvements are needed such as strengthening supervision, political education based on Islamic ethics, and stricter law enforcement against violations. Thus, it is hoped that the presidential election will be cleaner, fairer, and in accordance with sharia principles.

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