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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 93 Documents
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Penegakan Hukum terhadap Tindak Pidana Penelantaran Anak di Kepolisian Resor Kota Besar Palembang dalam Perspektif Hukum Pidana Islam Ike Vuspasari; Ema Fathimah; Muhammad Sadi Is
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): 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.v4i1.2182

Abstract

Child protection is an important indicator of a state based on the rule of law, but child neglect still occurs in various regions, including Palembang City. This study aims to analyze the implementation of law enforcement against child neglect crimes in the Palembang City Police Resort and its compliance with the principles of Islamic criminal law. The method used is empirical juridical with a qualitative approach through interviews with the Women and Children's Service Unit of the Palembang City Police and analysis of legal documents. The results of the study indicate that law enforcement is carried out through two approaches: penal through investigation and inquiry, and non-penal through counseling, education, and cross-sectoral cooperation. Child neglect is understood multidimensionally, encompassing physical, educational, emotional, and health factors influenced by economic factors, family dysfunction, and low parenting capacity. From the perspective of Islamic criminal law, this strategy is in line with the objectives of maqāṣid al-syarī‘ah, especially ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-nasl. Child neglect is a form of ta'zir crime, the handling of which is not only repressive but also educational and preventive, based on the principle of sadd al-dharī'ah. This research confirms that the effectiveness of law enforcement is not only measured by the number of cases, but also by the legal system's ability to protect children's rights in accordance with public welfare values. Strengthening synergy between the police, local governments, and child protection agencies, as well as the development of sharia-based standard operating procedures (SOPs), is needed.
Pertanggungjawaban Pidana Praktik Kebidanan Tanpa SIP dalam Perspektif Hukum Pidana Islam Nova Safitri; Romziatussa'adah Romziatussa'adah; Sarkowi Sarkowi
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): 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.v4i1.2188

Abstract

Practicing midwifery without a Practice License (SIP) is not only an administrative violation but can also be a criminal offense if accompanied by medical actions that result in harm to the patient. In such circumstances, the perpetrator can be held criminally liable in accordance with applicable legal provisions. One interesting case to study is Decision Number 1528/Pid.Sus/2024/PN Plg, which sentenced a midwife for practicing without a SIP, resulting in the victim experiencing Stevens-Johnson Syndrome and loss of vision. This study aims to analyze the form of criminal liability in this decision and examine it from the perspective of Islamic criminal law. This research is a normative legal research using a statutory approach, a case approach, and a conceptual approach. Data were obtained through a literature review of laws and regulations, court decisions, scientific literature, and sources of Islamic law, then analyzed qualitatively using prescriptive analysis techniques. The results of the study indicate that criminal liability in Decision Number 1528/Pid.Sus/2024/PN Plg is based on the fulfillment of the elements of an unlawful act, error in the form of negligence (culpa), the ability to be responsible, a causal relationship between the defendant's actions and the losses experienced by the victim, and the absence of justification or excuse. From the perspective of Islamic criminal law, the defendant meets the requirements as a mukallaf and his actions are qualified as jarimah al-khaṭa'. The punishment imposed can be understood as a form of ta'zīr that is in line with the objectives of maqāṣid al-syarī'ah, especially the protection of life (ḥifẓ al-nafs), so that the decision not only guarantees legal certainty, but also supports the protection of patient safety as part of the public interest.
Aplikasi Menara Masjid dan Pengumpulan Zakat pada BAZNAS Kota Palembang: Kajian Hukum Ekonomi Syariah Dea Widya Feranita; Legawan Isa
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): 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.v4i1.2189

Abstract

Digitalization of zakat management is one of the efforts to increase the effectiveness, efficiency, transparency, and accountability of zakat fund collection. One of the innovations developed by the National Zakat Agency (BAZNAS) is the Menara Masjid Application as a digital-based zakat collection medium. This study aims to analyze the mechanism of using the Menara Masjid Application in zakat fund collection at BAZNAS Palembang City and review it from the perspective of Sharia Economic Law. This study uses an empirical juridical method with a qualitative approach. Data were obtained through observation, interviews, documentation, and literature studies, then analyzed descriptively qualitatively. The results show that the Menara Masjid Application makes it easier for the community to pay zakat and supports more systematic, transparent, and accountable recording. However, its implementation is not optimal due to still being hampered by low digital literacy of the community, limited manager competence, unequal use of the application, and network and system disruptions. From the perspective of Sharia Economic Law, the use of the Menara Masjid Application is in accordance with the principles of justice, trust, maslahah, transparency, and accountability because it provides convenience without conflicting with sharia provisions. This research contributes as a basis for strengthening digital zakat governance that is more effective and in accordance with the principles of Islamic Economic Law.
Akuntabilitas Keperdataan Pengurus Koperasi Dalam Perubahan Anggaran Dasar Perspektif Maqashid Syariah Wibisono Oedoyo; Rifkiyati Bachri; Diva Aulia Putri Wisananda; Hanifa Alya Salsabila
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2247

Abstract

The Articles of Association of a cooperative are internal regulations that can be amended through a Members' Meeting in accordance with statutory provisions. Changes related to the business field, merger, or division of the cooperative must be requested for approval from the Minister and then announced. In 2010, the Jakarta Employee Cooperative "S" changed its business field through a Members' Meeting, but did not submit a request for approval to the Minister. This negligence raises issues regarding the civil accountability of the cooperative's management in changing the Articles of Association. The problem studied is how to apply the principle of maqashid sharia related to the civil accountability of cooperative management in budget changes. This research is a normative legal research with a statutory, conceptual, and case approach. The results of this study indicate that within the framework of maqashid sharia, the obligation to submit a request for approval is a means of maintaining assets (hifz al-mal) and the benefit of members and third parties. The negligence of the management of the Jakarta Employee Cooperative "S" constitutes a neglect of the mandate that gives rise to civil liability. As a legal consequence, the articles of association before the amendment remain valid for the cooperative, while the amendments cannot be applied to third parties. Therefore, increased supervision and guidance of cooperative management is necessary to prevent administrative violations and their legal consequences.
Barriers to MSME Entry in Digital Government Procurement: An Analysis of NIB and INAPROC Account Requirements for Electronic Catalogue Version 6 Taufani Yunithia Putri; Muslim Nugraha
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2289

Abstract

The mandatory implementation of E-Katalog Version 6 integrated with INAPROC since January 2025 has created significant entry barriers for Micro, Small, and Medium Enterprises (MSMEs) in Indonesian government procurement. The platform requires providers to possess formal administrative documents, specifically distinguishing between the Business Identification Number (NIB) issued through the OSS system and the Taxpayer Identification Number (NPWP), alongside deeds of establishment and corporate documentation. However, only 32 per cent of Indonesia's 64.2 million MSMEs hold such formal licensing. To analyze the alignment of these registration requirements with the prevailing legal framework, this study employs an empirical legal research method (socio-legal approach) supported by statutory and conceptual approaches. The findings reveal that these restrictive administrative prerequisites generate severe barriers to entry and market concentration, creating conditions that distort fair business competition as regulated under Law No. 5 of 1999. Consequently, a limited number of registered providers dominate government transactions, resulting in unfair pricing, budget inefficiency, and potential state financial losses. The study concludes that regulatory harmonization through the simplification of INAPROC registration  requirements and systematic socialization programmes targeting MSMEs are essential policy measures to mitigate market concentration, restore healthy competition, and ensure inclusive participation in digital government procurement.  
Settlement of Nusyuz Cases through Customary Mediation by Hatobangon: An Empirical Study in Sipolu-polu Urban Village Yurizka Syahdani Nst; Sumper Mulia Harahap; Putra Halomoan Hsb
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2304

Abstract

This research is motivated by the existence of household conflicts in the form of nusyuz, which in Mandailing society are not always resolved through formal legal mechanisms but may also be addressed through customary mediation involving hatobangon. This study aims to analyze the mechanism and effectiveness of resolving nusyuz cases through customary mediation conducted by hatobangon in Sipolu-polu Urban Village. This research employs an empirical legal method with a qualitative approach. Primary data were obtained through interviews with hatobangon, community leaders, and families who had been involved in the resolution of nusyuz cases, while secondary data were obtained from books, scholarly journals, and legislation related to Islamic family law, mediation, and customary law. The results show that hatobangon plays an important role as a customary mediator in resolving household conflicts through deliberation that emphasizes reconciliation, advice, and the restoration of marital relationships. Customary mediation is considered effective in restoring household harmony, reducing the potential for divorce, and maintaining family relationships. From the perspective of Islamic law, the mediation practice is consistent with the concepts of islah and hakam as reflected in Qur'an Surah An-Nisa verse 35. However, the effectiveness of customary mediation continues to face challenges, including the rigidity of one party, limited willingness to compromise, and the influence of modernization on patterns of household conflict resolution.
Child Adoption in Indonesia and Pakistan: A Comparative Analysis of Legal Frameworks and Regulatory Gaps Khusul Amalia; Hikmiyyah Hikmiyyah; Mohammad Wildan Raja Mahasina; Husnul Khatimah; Raisa Rahim
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2202

Abstract

This study aims to analyze the legal regulation of child adoption in Indonesia and Pakistan, as well as the legal implications arising from the presence or absence of specific adoption laws in both countries. Child adoption in Muslim-majority countries presents a legal challenge due to the interaction between Islamic legal principles and state law. This research employs a qualitative normative legal approach through library research, using a comparative method to examine legislation, court decisions, and relevant legal doctrines. The analysis is grounded in the theory of legal pluralism and the principle of the best interests of the child. The findings reveal that Indonesia has established a codified and institutionalized framework for child adoption, providing stronger legal certainty and child protection. In contrast, Pakistan relies on guardianship mechanisms under Islamic law without specific statutory regulation, resulting in limited legal certainty and protection for children. This study emphasizes that the existence of clear and codified regulations plays a crucial role in ensuring legal certainty, institutional accountability, and the protection of children's rights.  
Keabsahan Akad Nikah Virtual di Era Digital: Studi Reaktualisasi Kaidah Al-’Adah Muhakkamah Lola Yuanda Arlinza; Tri Wahyu Hidayati; Saskia Afridah; Suke Indah Khumaero; Ris'an Rusli
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2244

Abstract

The development of digital technology has brought the emergence of the practice of virtual marriage contracts, thereby triggering a debate about its validity according to Islamic law. This study aims to analyze the validity of virtual marriage through the reactualization of the rules of al-'adah muhakkamah and to identify the relevance of these rules in responding to social and technological changes in the digital era. This research focuses on the position of marriage contracts carried out through virtual media and the extent to which new habits in the digital society can be considered in legal aspects. This research uses a qualitative research method with a normative approach conducted through a literature study of Islamic legal sources, fiqh principles, laws and regulations, and literature related to digital transformation. The results of the study show that a marriage contract that is carried out virtually can basically be considered valid if it meets the principles and requirements of marriage. Including the certainty of the identity of each party, the existence of guardians, witnesses and the guarantee of the continuity of the ijab process and Kabul. The rules of al-'adah muhakkamah provide a flexible basis for the acceptance of the practice as a new custom that does not conflict with the principles of sharia. This study concludes that there is a need for a reactualization of fiqh rules to respond to the changes that occur in the digital society, as well as contribute to the development of Islamic family law that is responsive to technological advances.
Sanksi Pidana terhadap Hakim Penerima Suap dalam Perkara Ronald Tannur: Perspektif Hukum Positif dan Hukum Pidana Islam M. Rizal; Romziatussa'adah Romziatussa'adah; Adji Hudayatulah
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2272

Abstract

Digital commerce relies on standard clauses, but formal electronic consent does not by itself ensure contractual justice. This study evaluates the legal position and effectiveness of standard clauses under Indonesian consumer protection law through normative juridical research. The analysis identifies dual-layer validity: electronic consent can form a binding contract, while individual clauses remain subject to Article 18 of Law Number 8 of 1999, good faith, transparency, proportionality, and mandatory consumer rights. Article 18 is normatively strong but operationally limited because supervision remains reactive, authority fragmented, and remedies uneven. The study contributes an integrated effectiveness framework and a five-stage risk-based model: risk identification, clause screening, corrective amendment, graduated enforcement, and remedial feedback
Peran Pemerintah dalam Pencegahan dan Penanganan Anak Korban Kekerasan di Kabupaten Pringsewu Perspektif Siyasah Tanfidziyah Endasti Ambeq Vhara Martha; Frenki Frenki; Li'izza Diana Manzil
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): 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.v4i2.2285

Abstract

This study aims to analyze the role of the Pringsewu Regency Government in the prevention and management of child victims of violence, as well as to evaluate the effectiveness and alignment of these actions from the perspective of Siyasah Tanfidziyah (Islamic executive law). The increasing incidence of child abuse demands state intervention through welfare-oriented policies and actions. This research employs a descriptive qualitative method with a socio-legal approach. Data were gathered through interviews, and documentation studies involving relevant local agencies, such as the Department of Women's Empowerment, Child Protection, Population Control, and Family Planning (P3AP2KB) of Pringsewu Regency. The findings reveal that the Pringsewu Regency Government has performed preventive roles (through public awareness campaigns, the establishment of Child-Friendly Villages, and community education) as well as curative/rehabilitative roles (through legal assistance, psychological recovery, and temporary shelter provision). From the perspective of Siyasah Tanfidziyah, the execution of these functions embodies the executive authority's (Ulul Amri) responsibility to safeguard fundamental rights, particularly within the framework of Hifzh an-Nafs (protection of life) and Hifzh an-Nasl (protection of lineage). Nevertheless, field implementation still faces obstacles, including limited trained human resources, operational budgets, and social stigma. Therefore, strengthening synergy among the government, religious institutions, and the community is vital to achieving holistic child protection.

Page 9 of 10 | Total Record : 93

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