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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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Fenomena Rujuk Setelah Talak Tiga: Kajian Hukum Keluarga Islam Indah Hoirunnisah; Zuraidah
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.v3i1.940

Abstract

This study aims to examine the phenomenon in the Ilir Barat II Palembang District Community who reconciled with their partners after triple divorce from the perspective of Islamic law. The reconciliation was carried out without heeding the rules contained in Islamic family law which requires the ex-wife to marry another man first without any engineering and to divorce purely, only then can the first ex-husband remarry his ex-wife. This study is an empirical legal study, using qualitative data and the data sources used are primary data and secondary data. The data obtained will be analyzed descriptively qualitatively, then will be concluded deductively. The results of the study found that the cause of the deviation in the relationship after triple divorce in the Ilir Barat II Palembang District was due to a lack of understanding of religious knowledge and a desire to immediately reconcile without following a complicated process. Based on the study of Islamic law, reconciliation is forbidden, even if they have sexual relations, it is said to be adultery. This is because they do not make a new contract, they also do not follow the provisions of the sharia which require the ex-wife to marry another man and divorce her new husband, only then can the first ex-husband remarry his ex-wife.
Penegakan Hukum bagi Pelaku Penipuan Tiket Konser Coldplay: Perspektif Hukum Pidana Islam Muhammad Zaky; Dodi Irawan; Paisol Burlian
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.v3i1.941

Abstract

Concert ticket fraud cases often occur, especially for famous music concerts such as Coldplay concerts, which are a very famous music band in the world. As a result of the perpetrator's actions, many victims suffer losses, but the perpetrators only receive light sanctions. The purpose of this study is to analyze law enforcement against perpetrators of Coldplay concert ticket fraud from the perspective of Islamic criminal law. The type of research used is library research with secondary data sources. The primary legal material is the criminal code. The analysis was carried out descriptively qualitatively. The results of the study stated that law enforcement for perpetrators of Coldplay concert ticket fraud is based on Article 378 of the Criminal Code only, even though the act has also fulfilled the elements in Article 45 paragraph (2) Jo 28 Paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008, namely by utilizing technology as the object of his actions to spread news and mislead which makes someone interested so that it results in losses. While in Islamic criminal law, the crime of fraud is included in the category of Ta'zir crimes. In the decision of the panel of judges, it was implemented in accordance with the principle of ta'zir, only the sanctions given were still too light when compared to the consequences caused by the defendant.
Analisis Kepailitan PT Asuransi Jiwasraya Persero dalam Perspektif Perlindungan Konsumen dan Kepastian Hukum Bagi Kreditor Hania Arvalia; Elisatris Gultom; Sudaryat Sudaryat
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.v3i1.1040

Abstract

The bankruptcy of insurance companies is a complex issue involving the interests of consumers as policyholders and creditors who demand legal certainty. This study aims to analyze bankruptcy issues within the Indonesian insurance industry through a case study of PT Asuransi Jiwasraya (Persero), with a focus on legal protection for consumers and the assurance of legal certainty for creditors. The research method employed is normative juridical, using a statutory and case study approach. The findings indicate that the resolution mechanism for Jiwasraya’s default did not follow the bankruptcy process as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), but was instead resolved through state intervention and restructuring via a state-owned insurance holding company. This has created a legal dilemma regarding the suboptimal protection of consumer rights and the weakened position of creditors in the settlement process. On the other hand, the authority of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in supervising and intervening in troubled insurance companies becomes a crucial aspect that requires clearer regulatory provisions. Therefore, a reformulation of policies and a more comprehensive legal framework is needed to ensure a balanced protection of consumers and legal certainty for creditors in bankruptcy cases involving insurance companies.
Peran Satuan Lalu Lintas Kepolisian Resor Kepahiang dalam Menertibkan Pelanggaran Lalu Lintas di Kalangan Pelajar Perspektif Fiqh Siyasah Syailendra Hapis Matin; Imam Mahdi; Ismail Jalili
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.641

Abstract

This study aims to examine the role of the Kepahiang Resort Traffic Police in controlling traffic violations among students from the perspective of Fiqh Siyasah. The type of research used is field research with a qualitative approach, where data is obtained through observation and interviews to produce an in-depth description of the phenomenon being studied. The results of the study indicate that the role of the Kepahiang Resort Traffic Police in controlling traffic violations among students is carried out through two efforts, namely: (a) preventive efforts, in the form of prevention through socialization and education, and (b) repressive efforts, in the form of warnings, tickets, and advice to violators. In addition, the community also contributes to preventing violations through supervision and counseling in the surrounding environment. From the perspective of Fiqh Siyasah, these control efforts are in line with the principles of maslahah (benefit), 'adalah (justice), sadduz zara'i (prevention), and wilayah al-amr (government authority), so they have strong relevance in the context of law enforcement and social ethics.
Promosi Judi Online melalui Media Sosial: Studi tentang Penegakan Hukum dan Hukum Pidana Islam Nur Amelia; Yuswalina Yuswalina; Jon Heri
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.1147

Abstract

The development of technology and the internet brings convenience but also has negative impacts, one of which is the promotion of online gambling through Instagram. The phenomenon of influencers promoting online gambling through social media Instagram, which has negative effects on the social order, is becoming increasingly prevalent. Thus, to determine whether the penalties stipulated by the ITE Law are relevant to Islamic Criminal Law, it is necessary to conduct research on how the crime of promoting online gambling on Instagram according to Law Number 1 of 2024 on Information and Electronic Transactions, and how Islamic Criminal Law views the criminal sanctions for those promoting online gambling on Instagram. The approach method used in this research is the normative juridical method. This research is qualitative and includes library research data, largely drawn from published reference books. Among the primary legal materials are the Qur'an, Hadith, the ITE Law, and the Criminal Code. The research concludes that the act of promoting online gambling on the Instagram social media platform, according to Law Number 1 of 2024, can be seen from the actions taken in promoting online gambling, including distributing, transmitting, and/or electronic documents containing gambling content. The criminal sanctions against those promoting online gambling are imposed under Article 45, Paragraph 3 of Law Number 1 of 2024 on Information and Electronic Transactions, which stipulates a maximum prison sentence of 10 (ten) years and/or a fine of up to Rp.10,000,000,000.00 (ten billion rupiah). In Islamic Criminal Law, the crime of promoting online gambling has not been clearly regulated in the texts of the Quran or Hadith, so this crime is determined with ta’zir punishment.
Tanggung Jawab Afi Tour Travel Haji dan Umrah pada Penundaan Keberangkatan Jamaah dalam Persepktif Hukum Ekonomi Syariah Viera Inesya Puteri; Hana Pertiwi
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.1204

Abstract

The implementation of the Hajj and Umrah pilgrimages, causing delays and cancellations which have given rise to legal and economic problems. The main point of this research is the form of responsibility of AFI Tour Travel towards delayed Hajj pilgrims and how sharia economic law reviews the responsibilities of AFI Tour Travel towards delayed Hajj pilgrims. The purpose of this research is to determine the form of responsibility of AFI Tour travel towards delayed Hajj pilgrims and to find out a review of sharia economic law regarding the responsibility of AFI Tour travel towards delayed Hajj pilgrims. There were 6 respondents to this research, namely 2 AFI Tour Travel travel administrators and 4 pilgrims who were delayed. The research method used is empirical juridical research, namely research that combines law with observational data analysis by means of field observation, direct interviews with respondents, and documentation. Data analysis in this research is qualitative analysis. The results of this research are that AFI Tour Travel's responsibility for Hajj pilgrims who are delayed due to Covid is included in force majeure or default. The responsibilities given are to negotiate with the congregation and reschedule departures to a time that allows as well as providing communication and transparency to the congregation. In reviewing sharia economic law regarding AFI Tour's responsibility towards pilgrims who are delayed due to Covid, it is correct and appropriate because through deliberation they made a new contract and fulfilled the contents of the contract.
Tabattul di Era Digital: Analisis Hukum Islam atas Fenomena Hidup Membujang di Palembang M. Riko Ripardo; Rafida Ramelan
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.1207

Abstract

Marriage in Islam is considered a strong covenant (mitsaqan ghalizan). The intense exposure to social media has influenced individuals’ perspectives on marriage, values, and expectations. This trend has led many young people to delay or even decide not to marry at all. The phenomenon of remaining single (tabattul) is particularly evident in Bukit Baru Subdistrict, Ilir Barat 1, Palembang, where a number of young adults of marriageable age choose to remain unmarried. This study aims to identify the factors causing tabattul due to social media and to analyze them from the perspective of Islamic law. This field research employs a qualitative approach, using both primary and secondary data obtained through observation, interviews, and documentation, then analyzed descriptively. The findings show that the main factors behind tabattul influenced by social media are the desire to maintain personal freedom and focus on a career, in addition to the influence of cases of domestic violence, family conflicts, patriarchal partners, and partners who practice silent treatment. Moreover, some respondents choose tabattul based on religious motivation, such as devoting themselves to worship and seeking knowledge, following the example of earlier scholars. From the perspective of Islamic law, pursuing a career and personal freedom is not prohibited; however, refusing marriage solely due to fears shaped by social media is not justified. Marriage is still regarded as the primary path to preserving honor, avoiding harm, and attaining blessings through a family built upon sakinah, mawaddah, and rahmah
Penyelesaian Tindak Pidana yang di Lakukan  Anak Secara Diversi dalam Persfektif Hukum Pidana Islam Dewi Nirmala; Ema Fathimah
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.1208

Abstract

This study examines acts of violence in educational settings, including cases that occurred in Sungai Semut Village, Makarti Jaya District, Banyuasin Regency. The objective of the study was to determine the peace process through diversion in cases of violence perpetrated by children and to examine its resolution from the perspective of Islamic criminal law. The method used was empirical juridical with a qualitative approach through interviews and descriptive analysis. The results showed that diversion is an alternative legal resolution that emphasizes responsibility, behavioral improvement, and the involvement of families and victims without going through the courts. Diversion aligns with the principles of islah and shura in Islamic law, which emphasize peace, restoration of social relations, and opportunities for children to improve themselves. Thus, diversion reflects the values ​​of justice, compassion, and the common good as emphasized in Islamic teachings. The implications of this study indicate that diversion is not merely a legal mechanism, but also a means of child development and social recovery. Therefore, the implementation of diversion needs to be strengthened through support from the government, supporting institutions, and the community to achieve peaceful, just conflict resolution in accordance with national and Islamic legal values.
Analisis Penerapan Akad Ijarah pada Rumah Susun dalam Perspektif Hukum Ekonomi Syariah Galih Buana Ibrahim; Fauziah Fauziah; Ramiah Lubis
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.1214

Abstract

The suitability of a building is determined not only by its physical condition, but also by the environment in which it stands. One example is the 26 Ilir Flats, which was initially touted as a modern area in Palembang City. However, the current condition is actually the opposite, where the flats have turned into a slum and are considered uninhabitable. However, these flats are still rented out. This study aims to determine the implementation of the ijarah contract in the 26 Ilir Flats in Palembang City and analyze it from the perspective of Islamic economic law in the context of uninhabitable houses. The research method used is qualitative with an empirical juridical approach. Data were collected through interviews, observations, and documentation with related parties, both apartment owners and tenants. The results of the study indicate deviations in the implementation of the ijarah contract, particularly in aspects of residential suitability that are not in accordance with Islamic principles, such as clarity of benefits and security of the leased object. In a review of Islamic economic law, the implementation of the ijarah contract in uninhabitable houses does not fully meet the requirements for a valid contract due to the lack of clear benefits and security guarantees for the tenant. Therefore, this study recommends the need for supervision and improvement by authorities to ensure that rental contracts are carried out in accordance with the principles of justice, welfare, and transparency as stipulated in Islamic economic law.
Penegakan Hukum Pidana Terhadap Penyalur Pekerja Migran Secara Ilegal Dalam Prespektif Hukum Pidana Islam Antoni Antoni; Gingin Anjar Pramuda
Journal of Sharia and Legal Science Vol. 3 No. 2 (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.v3i2.1250

Abstract

In Indonesia, limited employment opportunities drive many citizens to become Indonesian Migrant Workers (PMI), including through illegal channels. Illegal placement of PMI has the potential to violate human rights, is related to the crime of human trafficking, and is difficult to monitor because it is not officially registered. This study highlights the imposition of criminal sanctions on illegal PMI distributors and a review of Islamic criminal law against these perpetrators. The type of research used is empirical juridical with a qualitative approach. The results show that illegal PMI distributors can be subject to criminal sanctions under Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (TPPO), in the form of imprisonment of up to 10 years, a fine, or revocation of business licenses. From the perspective of Islamic criminal law, perpetrators can be subject to ta'zir punishment because their actions contain elements of gharar (unclear) and dzulm (injustice), which harm the victim economically, physically, and psychologically. Ta'zir penalties are flexible and can range from imprisonment, fines, revocation of business rights, to social sanctions, with an emphasis on moral rehabilitation through repentance and compensation for victims. These findings confirm that both national and Islamic law require firm action against illegal migrant worker distributors to protect migrant workers' rights, prevent exploitation, and deter perpetrators.

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