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Yunas Derta Luluardi
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Jurnal Hukum Islam
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 18297382     EISSN : 25027719     DOI : https://doi.org/10.28918/jhi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic law, in the framework of Indonesian legal studies in the global context. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 22 No 2 (2024)" : 8 Documents clear
Suara Kosong pada Pilkada Serentak di Indonesia: Perspektif Hukum Tata Negara Islam Mangar, Irma; Tahe , Nur-amimi; Ridho , Muhammad Rosyid; Luluardi, Yunas; Asri Elies, Asri Elies; Sudrajat, Shinta Azzahra
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.07

Abstract

The increasing number of single candidates and blank votes in the simultaneous regional elections is a fact in the democratic process in Indonesia. This paper discusses blank votes in simultaneous regional elections, which are a dilemma in enforcing the principles of democracy. Furthermore, it discusses blank votes from the perspective of Islamic constitutional law. The research method uses normative juridical with a statutory, conceptual and case approach. The results show that the fact of single candidates in the simultaneous regional elections which are legitimized by laws and regulations opens up the opportunity for blank votes to emerge which are "deemed" as a solution in the democratic process in the regions. The author argues that the single candidates and blank votes in the simultaneous regional elections are a dilemma in realizing the principles of democracy. On the one hand, the principles of democracy must be upheld as mandated by the constitution, but on the other hand, the regional election process must continue even with only a single candidate. Islam offers principles in the implementation of state administration, namely prioritizing syura (deliberation), fairness, not siding with the wrong and prioritizing equality. Al-Mawardi emphasized that political practices in the election of state leaders require religion as a moral force, charismatic leaders and justice for all people. That idea is relevant to the principles of democracy in Indonesia, where religion, humanity, unity, deliberation and justice are its basis. This study is expected to be a reflection material to realize a more democratic election.
Kritik Terhadap Keadilan Ekonomi Kontemporer dan Hukum Ekonomi Syariah dalam Tradisi Tompangan Suaidi, Suaidi; Sodiqin, Ali; Rozaki, Abdur
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.01

Abstract

The tradition of tompangan, which was originally a form of social solidarity between residents, has shifted into an informal debt system, with returns exceeding the initial amount given, thus causing injustice and economic inequality. This study discusses the critique of contemporary economic justice and the relevance of Sharia Economic Law to the shift in the tradition of Topangan in Madura. This study uses a qualitative approach with data obtained through interviews and observations. The results of the study indicate that social change and modernization have shifted the traditional value of tompangan, which was originally a grant, into a qardh (debt) contract that tends to be capitalistic. Based on the perspective of Sharia economic law, returns that exceed the amount of the loan can be categorized as usury which is prohibited in Islamic law. This study also found that the community still considers this practice socially legitimate despite the uncertainty and injustice in the return of tompangan goods. Therefore, combining insights from the tompangan tradition with contemporary economic justice theory can open up new perspectives for economic policies that are fairer and more responsive to the needs of local communities and in line with the principles of Sharia economic law.
Metode Qiyas Badan Syariah Nasional Fatwa dan Permasalahan Ekonomi Islam Kontemporer Nuraeni, Neni; Abdullah, Muhammad Najib
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.02

Abstract

The Qiyas method in the formation of fatwas of the National Sharia Board-Indonesian Ulema Council aims to provide legal solutions to contemporary Sharia economic problems that have no precedent in classical Islamic legal texts. Therefore, the Qiyas method must be relevant and responsive to the development of sharia financial institutions. This study discusses the application of the qiyas method in the process of making fatwas of the National Sharia Board-Indonesian Ulema Council, and its implications for contemporary Sharia economic problems. The research method uses normative juridical with a conceptual and philosophical approach. The sources of legal materials are contemporary fatwas from the National Sharia Board, such as Sukuk, Sharia insurance, istishna', Sharia credit cards and others that are relevant. The data collection technique uses documentation studies. The research findings show that the application of the qiyas method in Sharia economic fatwas on sukuk, murabahah financing, Sharia insurance, istishna' financing, and Sharia credit cards shows flexibility towards the development and innovation of contemporary Sharia finance. The qiyas method has implications for maintaining the conformity between contemporary financial products and Sharia principles, increasing the flexibility and dynamics of Sharia economic law, providing legal certainty and standardization in Sharia financial institutions, assisting innovation in Sharia financial products and services, reducing the potential for legal ambiguity and increasing public understanding of sharia economic law.
Legal Reform of Consumer Privacy Rights Protection in Online Transactions Based on Islamic Economic Law Principles Hasanuddin, Hasanuddin; Masuwd, Mowafg; Ridwan, Muhammad; Mustamin, Siti Walida; Saleh, Muhammad; Fitrayani, Fitrayani
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.3

Abstract

Online transactions have the potential to violate consumers' data. However, current regulations do not fully protect consumers' privacy rights and personal data in this era of information technology. This study discusses the renewal of privacy rights protection laws based on the principles of Islamic economic law. Specifically, this study evaluates existing regulations and offers solutions based on the principles of Islamic economic law so that privacy rights protection is safer and more equitable. The research method uses normative juridical with a statutory, conceptual, comparative, and case approach. The results show that Islamic economic law principles prioritizing the values of justice, welfare, and transparency provide a comprehensive legal framework to protect consumers' privacy rights and personal data in online transactions. Applying Islamic economic law principles can increase consumer trust and encourage business actors to be ethically responsible in managing personal data. The proposed legal reform has the potential to create an online transaction ecosystem, especially e-commerce that is fairer, safer, and more sustainable, and protects consumers' privacy rights and personal data, with legal certainty. This research contributes to the law-making of protecting consumer privacy rights and personal data in the current digital era.
Pertarungan Hukum dan Kekuasaan: Bagaimana Gagasan Wilayat al-Faqih Imam Khomeini Mendamaikan Agama dan Negara? Mustopa, Mustopa; Bisri, Hasan
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.04

Abstract

The conflict between law and authority is a tangible issue experienced by numerous nations globally. The law is frequently employed to serve the interests of those in power. Conversely, authority is frequently abused under the guise of law enforcement. This article seeks to elucidate Imam Khomeini’s perspectives on the conflict between law and authority. This research uses a normative legal method by utilizing primary and secondary library sources. Primary literature pertains to Khomeini’s works and texts concerning the concept of wilāyat al-faqīh. Secondary literature pertains to many writings relevant to Khomeini’s ideas and the notion of wilāyat al-faqīh. This study concludes that, according to Khomeini, the relationship between law and power is established within the context of the interaction between religion and state. Khomeini aims to actualize the notion of reconciling legal and state power within the context of religion and the people through the principle of wilāyat al-faqīh. Khomeini’s idea integrates democratic elements with religious doctrines, termed ‘theo-democracy’, nomo-democracy, or religious democracy.
Pewarna Karmin untuk Produk Makanan dan Kosmetik: Studi Perbandingan Fatwa Indonesia dan Yordania Yusrizal, Navis; Hanna, Siti; Haikal, Muhammad Danial
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.05

Abstract

The utilization of the istinbath method in determining the legal framework concerning the use of carmine dye in various fatwa institutions, including the Indonesian Ulema Council and Da'irah al-Ifta' Jordan, remains a subject of ongoing discourse and deliberation. This study compares the istinbath method for determining the carmine law between the Indonesian Ulema Council and Dairah al-Ifta’ Jordan and the istihalah process in manufacturing carmine dye. The research method uses normative juridical with a conceptual approach and comparative law. The findings of this study indicate that the Indonesian Ulema Council and Da’irah al-Ifta’ both permit carmine dye, but with different istinbath methods. The Indonesian Ulema Council likens Carmine to grasshoppers because they have many similarities. On the other hand, Dairah al-Ifta’ considers that carmine dye has undergone the istihalah process. The similarities between the Fatwa of the Indonesian Ulema Council and the Fatwa of Da’irah al-Ifta’ Jordan include: 1) both state that carmine is an insect and, 2) both institutions also state that the use of carmine dye must be based on the condition that it is not harmful to humans. The process of making carmine dye undergoes the istihalah process according to the Hanafi and Maliki schools, involving changing one substance to another and changing from something bad to something good. This research contributes to the development of science related to the determination of the Fatwa on the use of carmine dye and references for the Muslim community in related matters.
Dinamika Politik Hukum Batasan Usia Perkawinan di Indonesia: Antara Norma Agama dan Perubahan Sosial Kafidhoh, Siti; Asyari, Nadzif Ali; Ali Mutakin, Ali Mutakin; Saujan, Iqbal
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.06

Abstract

The change in regulations regarding the age limit for marriage in Indonesia is a response to the high rate of child marriage, which still faces various challenges in its implementation. This study examines the debate between tradition and modernity in child marriage practice, the legislative process, and the challenges faced in changing the age limit norms for marriage and marriage dispensation as a legal loophole in enforcing the age limit norms for marriage. The research method employs a normative juridical with statutory and conceptual approaches. The study results show that changes in the age limit norms for marriage aimed to protect children's rights. However, religious norms and social pressure influence its implementation through marriage dispensation in the Religious Court, resulting in inconsistencies in its law enforcement. This condition poses a challenge to harmonize religious norms with social change. This study emphasizes the need for a more transparent and strict marriage dispensation mechanism. In addition, increasing public legal awareness is the key to encouraging social changes that support child protection. Strengthening public awareness and consistent regulations is expected to minimize and suppress the number of child marriages.
Penyelesaian Konflik Keluarga Melalui Mediasi di Indonesia dan Malaysia: Kajian Sosiologi Hukum Islam Ismayawati , Any; Aristoni; Chaedar, Syed Mohammad
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.8

Abstract

Integration of mediation or sulh into the judicial system is still believed by the Indonesian and Malaysian people as the right instrument in resolving family conflicts because it offers a humanistic and constructive approach that can solve problems without problems. However, in practice, it is faced with several problems that cause mediation or sulh to be ineffective. This study explores the dynamics of the application of mediation or sulh in resolving family conflicts in Indonesia and Malaysia, which is analyzed using the Islamic legal sociology approach as the basis for the study. The research method uses a sociology of law with a qualitative approach. Data sources were obtained through interviews and literature studies. The results show, the dominant factors influencing the ineffectiveness of the application of mediation or sulh in resolving family conflicts in both countries include: some mediators or sulh employees still have weaknesses in interpersonal skills, limited certified mediators, and the lack of good faith of the parties attending the mediation or sulh process. The sociology of Islamic law views that this reality reflects the weakness of legal structure and culture in complying with mediation regulations and practicing Islamic law. Concrete steps in addressing the root of the problem are needed by improving the quality and quantity of mediators or sulh employees, as well as providing legal education to the community. This study contributes to improving the quality of mediation in the Court as well as to the formation of regulations on mediation.

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