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Journal Of Law Sciences (Legisci)
Published by Ann Publisher
ISSN : 30327555     EISSN : 30309549     DOI : https://10.62885/legisci.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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Qaeda al-Yaqinu Laa Yuzaalu Bisyak and its Implementation in Fiqh Law Faridz Anwar, Ahmad Faridz Anwar1; Djumhur Salikin, Adang
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.13

Abstract

The fundamentals of Islamic law, or usul fiqh, must be learned as part of the fiqh study process. Al-Yaqinu Laa Yuzaalu Bisyak, which translates to "certainty is not removed by doubt," is one of the tenets of usul fiqh. The descriptive qualitative approach of research is thought to be appropriate for this piece of literature. The law of something remaining is known as yaqn li yazl bi al-syak and is based on the conviction that it cannot be eliminated unless there is a convincing reason and that it is not necessarily doomed to disappear simply because a doubt surfaces. The Word of Allah SWT, found in Quranic letter Ynus verse 36, serves as the legal foundation for the reign of al-Yaqn li Yazl bi al-Syak. Additionally, there is the Hadith regarding the person who feels something in his prayer as well as the Word of Allah (swt) in Surah Al-Najm Verse 28 of the Quran. The application of the fiqh's al-Yaqn l'Yazl bi al-Syak norm can be seen in the following areas: ablutions, payables, marriage contracts, and flowers. Qaidah Al-Yaqinu Laa Yuzaalu Bisyak and Its Implementation in Fiqh Law is the title of this study.
Cirebon Law Enforcement is Using the Michat App to Combat Online Prostitution Legi Vanesa, Diva
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.14

Abstract

The purpose of this study is to (1) evaluate the efforts made by law enforcement to combat online prostitution offences in Cirebon via the MiChat app. (2) Being aware of the challenges faced by law enforcement officers in Cirebon when handling online prostitution offences via the MiChat program. Cyber Prostitution is a form of prostitution that takes place online. It is illegal and is governed by Law No. 11/2008 (ITE Law), which lists it as a criminal act in Article 27. Online prostitution through the MiChat app is one of the many offenses that violate moral standards that are currently on the rise. The quantity of prostitutes still engaged in online prostitution using the MiChat software serves as evidence of this. The Regional Regulation's criminal penalties do not have a deterrent impact, Satpol PP's human resources are of poor quality, there are no official vehicles available for transportation during operations or raids, and social media abusers are among the problems impeding progress. The younger generation appears to be blind to the Cirebon culture's diversity and the influence of social media technologies, which can have a detrimental effect.
Legal Analysis of the Freedom of Contract Principle in Lease Contracts between the Director General of Civil Aviation and Private Flight Schools Pandini Febrianti Islami Putri, Intan; Sutrisno, Endang; Sutarih, Ayih
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.15

Abstract

In accordance with an open system, everyone is permitted to enter into an agreement so long as it is founded on good faith, according to Indonesian treaty law. This approach is not entirely relevant in the practice of lease agreements held by the government (Director General of Civil Aviation) with private parties (Private Flight Schools), as the lease agreement was made in a way that the terms were made by default. In order to collect secondary data in the form of primary and secondary legal materials, this research employs a normative juridical approach, law-based research as norms and rules that are both written and unwritten through literary studies, and document studies. The findings revealed that the format of common lease agreements negotiated between the government (Director General of Civil Aviation) and private parties (Private Flight Schools) was subject to constraints. This demonstrates how the idea of complete contract freedom is not being applied. The posture or bargaining position between the parties to the agreement is not balanced, which gives the airport with a stronger position options. As a result, the airport's rules and regulations have an impact on the tenant's rights.
Social Benefit System During the Government Omar ibn Khattab Eka Hardana, Nugraha; Kholiq, Achmad
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.16

Abstract

Human behavior is altered by the progress of civilization. It includes elements from the fields of language, art, science, and religion. In the course of this process, civilization develops gradually over a long period of time. During the rule of Caliph Umar Ibn Khattab, one of the greatest civilizations, particularly in the post-Prophet Muhammad era, took place. Utilizing a qualitative descriptive methodology, this study collected data through a literature review. The welfare system under Umar Ibn Khattab's administration is examined in the paper. The results of the literature review show that Umar Ibn Khattab continued the policies started by Abu Bakr and made adjustments to meet the demands of society during his rule as caliph. During Umar Ibn Khattab's leadership, ghanimah (war spoils), usyur (customs duty), kharaj (land tax), jizyah (poll tax), zakat (alms), and other irregular earnings were used to increase social welfare. All of these sources of income were controlled by the Baitulmal system (public treasury). Based on each person's job and the requirements of the community, Umar dispersed social benefits. In order to build a strong human resource base for Islam, Caliph Umar made social investments to safeguard the welfare of children as well. This was done by helping infants until they were old enough to take care of themselves.
Impact Analysis of the Implementation of Law No.16 of 1964 concerning Fishermen's Profit Sharing in Gebang District Cirebon Regency Faldi, Tri
Jurnal Legisci Vol 1 No 1 (2023): Vol 1 No 1 Agustus 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i1.17

Abstract

Fisheries product sharing agreements are recognized by positive law in Indonesia, which is governed by Law Number 16 of 1964 Governing Fisheries Product Sharing. In reality, the law is ineffective because the fishing community in Gebang District, Cirebon Regency, continues to conduct its business as usual. Observation, interviews, and literature study are the three methods employed in the juridical-empirical technique, which uses two categories of legal resources: primary and secondary legal materials. With the help of this study, fishing communities in Gebang District, Cirebon Regency, would be able to share fisheries products in accordance with the law. According to the study's findings, regulations that aim to empower fishermen through initiatives like business-verified mentoring, cooperative procurement, and auctions incorporate the legal components of sharing fishery products. Law Number 16 of 1964, which also governs fundamental issues like the quantity of product sharing to which fishermen are entitled, regulates product sharing in the fishing industry. For this reason, it is advised that local governments be more proactive in performing monitoring and control so that the enforcement and implementation of rules and regulations can proceed as they should. This includes bringing legal aspects of the sharing of fishery products closer to the community.
Review of Islamic Law on the Advancement of IVF Reproductive Technology in a Positive Legal Perspective Ahmad Faridz Anwar1 Faridz Anwar
Jurnal Legisci Vol 1 No 2 (2023): Edisi Khusus 17 September 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.60

Abstract

Every couple who has just married will feel incomplete if their marriage is not blessed or does not have children as proof of the love of the couple. This study aims to find out the review of Islamic law on IVF reproductive technology and positive legal perspectives in regulating IVF reproductive technology. The research method that is considered suitable for this writing is descriptive qualitative method. In this study there are two conclusions. First, in the perspective of Islamic law there are categories of fiqh that allow and there are also those that prohibit IVF. Whereas in Islamic law the Maqasyid AsSyari'ah category, IVF is permissible, because for the sake of benefit, the category protects offspring. Second, legally, the implementation of artificial insemination in Indonesia must always refer to Law no. 36 of 2009 concerning Health. This law stipulates that the implementation of an artificial insemination program must be carried out in accordance with the norms of law, religion, decency and decency. This law regulates that in the implementation of the artificial insemination program in Indonesia, it is not permitted to use the uterus belonging to a woman who is not his wife.
Principles of Social Justice in Land Law in Indonesia Andini Parameswari; Ana Choirina A; Anisa Ayu N; Angely Angely; Achilla Chillava A; An Nuur KN; Alfina Rachma H
Jurnal Legisci Vol 1 No 2 (2023): Edisi Khusus 17 September 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.61

Abstract

This study aims to examine the principles of social justice underlying land law in Indonesia. Equitable distribution and fair access to land resources can only be guaranteed through establishing and applying land law principles based on social justice. The study identifies social justice principles embedded in Indonesia's land law framework, including land ownership, utilization, and administration principles. This study uses comparative law approaches and normative analysis to assess how social justice principles are reflected in land-related laws, regulations, and policies. Furthermore, this study recognizes the challenges and obstacles to applying social justice principles in land law practice. The findings of this study aim to provide an in-depth understanding of the relationship between social justice principles and land law in Indonesia, as well as provide recommendations to improve the alignment of social justice principles with land law practice in the future.
Comparison of the Value of Welfare Principles in National Law and Islamic Law Paris Manalu; Sugianto Sugianto; Andi Lala
Jurnal Legisci Vol 1 No 2 (2023): Edisi Khusus 17 September 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.62

Abstract

The welfare state stresses that everyone has the right to social services, not only means of managing welfare or social services. The polarization of the welfare state's primary aims is articulated, with the goal of establishing indications as a measuring instrument in determining whether the society is affluent or not. Talking about the concept of the rule of law, Islam as a perfect religion also has the concept of statehood. The approach method in this study is normative legal research. The type of research used in this study is descriptive research. The data sources obtained from the author are Primary legal material data sources and Secondary legal materials. The data collection method carried out in this study is a literature study. The data analysis method used in this study is qualitative method. The current status of social welfare shows that there are residents who have not received adequate public support for their fundamental necessities. As a result, there are still residents who face challenges in carrying out social tasks, preventing them from living a decent and dignified existence. Islam is not just a religion that contains a set of ritual doctrines, but it is a holistic worldview that is comprehensive and systematic. Islam as al-din covers all aspects of human life including aspects of statehood and law.
Law Enforcement of Alcoholic Beverage Circulation in Cirebon Regency: A Study of Perda No.4/2021 Amendments to Perda No.7/2015 concerning Public Order Santy Octaviyana
Jurnal Legisci Vol 1 No 2 (2023): Edisi Khusus 17 September 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.63

Abstract

Social problems that occur in the community can disrupt existing order and security. Of the many problems faced by this country, one of them that is of particular concern to the government is the problem of liquor, which is still widely found and consumed by the public. In this Regional Regulation, the subjects are people and business entities that circulate alcoholic beverages. This study aims to determine law enforcement efforts and obstacles faced by law enforcement officials in the circulation of alcoholic beverages. This study aims to determine how law enforcement officials face law enforcement efforts and obstacles to the circulation of alcoholic beverages based on Cirebon Regency Perda Number 4/2021 Amendments to Perda Number 7/2015 concerning public order. The method used in this study is qualitative; from the study results, it can be concluded that law enforcement of the circulation of alcoholic beverages based on Perda Number 4/2021 Amendments to Regional Regulation Number 7/2015 concerning Public Order has not been maximized. This is evidenced by the large number of alcoholic beverage business actors who do not have business licenses and do not know that Cirebon Regency has a policy regarding public order.
Legal Analysis of the Rights of Pregnant or Maternity Women Workers in Indonesia Vivi Amaliyah
Jurnal Legisci Vol 1 No 2 (2023): Edisi Khusus 17 September 2023
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i2.64

Abstract

Every company certainly needs employees as personnel who carry out every activity in the company organization. Normative labor rights are often ignored by companies, for example, there are labor wages that are still below the Provincial Minimum Wage (UMP), inappropriate workplace facilities, not providing work leave, and employing women, especially pregnant women without paying attention to and protecting decency and security while at work. Many are found in some employment contracts in some companies that require women to voluntarily resign when the woman becomes pregnant. The research method in this thesis is carried out with normative juridical research. Collection of legal materials in the form of primary and secondary materials in the form of literature studies, observations, questionnaires, and interviews. The analysis carried out is qualitative. The results show that the rights of female employees have been fully fulfilled, it's just that there are some shortcomings such as breastfeeding room facilities are still lacking.

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