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Legalis : Journal of Law Review
Published by PT Penerbit Ilmiah Indonesia
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2023): October 2023" : 5 Documents clear
The Strategic Role Of Article 6 Of Law No 41 Of 2004 In The Management Of Term Waqf: A Progressive Review Of Islamic Economic Renewal Pratama, Tommy; Syahmirwan; Ar Rosyit, Achmad Nasrul Waton
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.8

Abstract

Waqf is a form of worship and is also one of the pillars of the Islamic economy which has the potential to improve community welfare and overcome the problem of poverty. One of the laws governing waqf in Indonesia is Law No. 41 of 2004. Futures Waqf is an innovation in modern Islamic economics, aligning Islamic economic principles with contemporary developments. This research provides an understanding of the evolution of Islamic economics and efforts to encourage the implementation of Islamic economic principles in ever-changing global dynamics. In this research the author uses a qualitative method with a normative juridical approach. This law is the basis that waqf can be forever and can also have a term. This is very different from what is regulated by Islamic waqf law which tends to be less directed towards economic empowerment of the people and is only used for religious activities such as building mosques, prayer rooms, schools and cemeteries. This evaluation provides an in-depth impact on how the effectiveness of this regulation can increase the economic benefits of Term Waqf, encourage sustainable economic growth, and support the achievement of sharia economic development goals in Indonesia.
Interfaith Marriage Between a Muslim Man and a Woman from People of the Book According to Article 40 C of the Compilation of Islamic Law (Analysis of Decision Number: 959/Pdt.P/2020/PN. Bdg., Dated. 2 December 2020 Irvani, Firman Arief; Songgirin, Amin; Abubakar, Ibrahim
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.10

Abstract

Interfaith marriage is a very sensitive issue to discuss. The debate over the rules for interfaith marriages is caused by differences in interpretation of the verses of the Koran which explain the laws of marriage. Scholars agree that the marriage of a Muslim woman to a non-Muslim man is invalid. Regarding the marriage of Muslim men to non-Muslim women, there are differences of opinion. If the woman is a Mushrik woman then the marriage is invalid, whereas if the woman is a People of the Book, there are still scholars who view the marriage as valid and there are also those who view it as invalid. With various considerations, both from the verses of the Koran, the hadith of the Prophet Muhammad, and the rules of fiqh, the Compilation of Islamic Law (KHI) as a guide for Religious Court judges to decide cases regarding matters of marriage, inheritance and waqf among Muslims has prohibited firmly and clearly the marriage of a Muslim man to a woman from the People of the Book and vice versa, the marriage of a Muslim woman to a man from the People of the Book. The result of this prohibition is that children resulting from interfaith marriages are classified as illegitimate children who do not have any relationship with their father and only have a civil relationship with their mother.
Application for Marriage Dispensation for Minors Based on Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (Analysis of Religious Court Determination Number 79/Pdt.P/2018/PA.Msb) Asmadillah, Siti; Songgirin, Amin
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.11

Abstract

Prevention of marriage at a young age becomes difficult to implement with the existence of a marriage dispensation in the Religious Courts. If you see the permissibility of carrying out child marriages, this certainly raises a question mark about the legal certainty given by the judge. The purpose of this research is to find out the legal certainty of an underage marriage dispensation application in accordance with the principles of marriage and KHI and to find out the Islamic view of the Marriage Law on Court Decree No.79/Pdt.P/2018/PA.Msb The research method is descriptive normative. The data was obtain from a literature study. The results of this study are that the legal certainty of judges is not in line with the fundamental of marriage according to the law but in line with the fundamental of marriage according to Islamic law, so in deciding the request for dispensation of marriage the judge is more inclined to the fundamental of Islamic law.
The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk) Ameliah, Elvita; Songgirin, Amin
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.14

Abstract

Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.
Implementation of Minimum Mandatory Giro (Gwm) in Sharia Banking Perspective Analysis of Siyasah Syar'iyyah Maliyyahtitle Gunawan, Arfa
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.47

Abstract

This research analyzesthe implementation of Mandatory Reserve Requirement (GWM) in Islamic banking in Indonesia, with a focus on the duplication of money resulting from the implementation of GWM in Islamic banking, the regulation of GWM in Islamic banking in the view of Siyasah Syar'iyyah Maliyyah, and finding a more just system solution for GWM regulation in Islamic banking in Indonesia. In this research, the researcher used a qualitative research method with a library research type and a philosophical approach. The results of this research show that GWM is a monetary instrument applied by the central bank to ensure the liquidity and solvency level of banks in the financial system. The purpose of implementing GWM is to ensure that banks have enough funds to handle their liquidity needs and to ensure the stability of the overall financial system. Then, the perspective of Siyasah Syariyyah Maliyyah shows that the implementation of Islamic economics in Indonesiamust be practiced according to the socio-cultural conditions in Indonesia. Currently, GWM is something that cannot be avoided, and there is still no new system that can replace it for Islamic banks. Therefore, GWM in Islamic banking is one of the monetary instruments that can control inflation. The existence of GWM in Islamic banking in the concept of Maslahah is at the level of tahsiniyat (tertiary). The debate over the existence of GWM in Islamic banking presents several solutions to provide justice for all parties, including changing the fractional reserve banking system to Narrow Banking, which clearly distinguishes between savings and deposits, emphasizes the principle of amanah, and separates profit-making activities in banking through cooperation with separate affiliate organizations from the bank itself. Because the fractional reserve banking system has been challenged in Switzerland, the solution to GWM gharar is the sovereign money system, which is similar to full reserve coverage, but goes further by giving full control over deposits seen by the central bank. So there is no gharar element. In other words, existing savings "create" loans

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