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Achmad Hariri
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Editor in Chief Achmad Hariri, SCOPUS Author ID: 57196441666 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Managing Editor Satria Unggul Wicaksana Prakasa, SCOPUS Author ID: 57208568578 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Editorial Board Dedy Stansyah, Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Ida Nuriya Fatmawati, Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Nadief Rahman Haris, Faculty of Law, University of Airlangga Surabaya, Indonesia Main Handling Editors Levina Yustitianingtyas, Sinta Author ID: 6733165 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Muridah Isnawati, Sinta Author ID: 5999543 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Samsul Arifin, Sinta Author ID: 6823115 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Ahmad Yulianto Ihsan, Sinta Author ID: 6781459 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Al Qodar Purwo Sulistyo, Sinta Author ID: 6696912 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Board of Editors Anang Dony Irawan, Sinta Author ID: - Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Online Editors Asis, University of Muhammadiyah Surabaya, Indonesia Section Editors Ida Nuriya Fatmawati, University of Muhammadiyah Surabaya, Indonesia Funding, Subsription and Indexer Nurhidayatullah Ramadon, University of Muhammadiyah Surabaya, Indonesia Translator and Proofreader Ro' ifah, English Education, Faculty of Education and Teacher Training, University of Muhammadiyah Surabaya, Indonesia
Location
Kota surabaya,
Jawa timur
INDONESIA
The Journal Of Socio Legal and Islam Law
Published by Universitas Muhammadiyah Surabaya
ISSN : -     EISSN : 29860202     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The Journal Of Socio-Legal and Islamic Law is a journal in the fields of Law and Society, Socio-Legal Studies on Indonesia, also islamic and syariah law, that can build on a interactive discourse of the Faculty of Law University of Muhammadiyah Surabaya in conducting, international and national interdisciplinary studies of law. The Journal Of Socio-Legal and Islamic Law objective is to become the leading international journal for socio-legal studies on Indonesia. The Journal Of Socio-Legal and Islamic Law publishes theoretical contributions that fall in the socio-legal field, as well as contributions that are the results of empirical and interdisciplinary research on legal issues in Indonesia. Submitted papers are subjected to a double-blind peer-review process by national and/or international experts. The Journal Of Socio-Legal and Islamic Law is published twice a year (in June and December) by Faculty of Law University of Muhammadiyah Surabaya
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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Implementation of Good Governance in the Provincial Government of the Special Capital Region of Jakarta Putra, Satria Kurniawan; Irawan, Anang Dony
Socio Legal and Islamic Law Vol 2 No 1 (2023): June 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i1.21348

Abstract

The purpose of this research is to determine the implementation of the General Principles of Good Government in the government of the Special Capital Region of Jakarta Province and to examine the inhibiting factors in implementing the General Principles of Good Government in the government of the Special Capital Region of Jakarta Province. This research is normative juridical in nature, the approach taken includes a statutory approach. The collected data was analyzed descriptively qualitatively. The results of the research conclude that, first, the administration of the Special Capital Region of Jakarta Province has implemented the General Principles of Good Government as guidelines in preparing licensing policies in the Province of the Special Capital Region of Jakarta, as outlined in Regional Regulation Number 5 of 2014 concerning Transportation and Governor Regulation 52 2022 concerning amendments to DKI Jakarta Governor Regulation Number 20 of 2019 concerning Assignments to Jakarta Transportation Limited Liability Companies for the Development, Revitalization, Operation and Maintenance of Bus Stops and Other Supporting Facilities in the Context of Public Transportation Integration. Second, the inhibiting factor in the implementation of the Provincial Government of the Special Capital Region of Jakarta is the quality of human resources in the State Civil Apparatus, more specifically, namely the lack of understanding of technology. Keyword: General Principles of Government; Policy Implementation; Provincial Government of the Special Capital Region of Jakarta.
Government Legal Action In The Protection Of Indonesian Workers Victims Of Trafficking Crimes Qurotuaini, Nabila; Amalina Mukaromah, Aliza; Dwi Prasojo, Radityo; Aliyah, Rahmah
Socio Legal and Islamic Law Vol 2 No 1 (2023): June 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i1.21384

Abstract

Legal action by the Indonesian government to protect trafficked workers. Through law enforcement, prevention, education, rehabilitation, and international cooperation, governments are committed to protecting the rights and well-being of victims. Several laws, such as the Indonesian Labor Protection Law and the Law on Combating Trafficking in Persons, provided the primary legal basis for victim protection. These protective measures include prevention, law enforcement, and rehabilitation in accordance with human rights principles. However, challenges remained in protecting the workforce, especially those vulnerable to trafficking. Further efforts are needed to enforce the law, improve regulations, and raise public awareness to address the trafficking problem that impacts the lives of Indonesian workers. Keywords: human traficking, rehabilitation, crime  
Legal Threats to Home Industry Prostitution Service Providers Kurniawan, Dimas; Fajarianti, Amalia Tri; Novita, Dewi; Novita, Diana; Setiyawan, Deni
Socio Legal and Islamic Law Vol 2 No 1 (2023): June 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i1.21386

Abstract

The phenomenon of prostitution is an old phenomenon that has occurred for centuries. The rise of prostitution in Indonesia is growing along with progress ranging from transportation to technological developments. Apart from the development of science, the rapid growth of prostitution is also caused by fulfilling the essence of society's hedonistic lifestyle. Nowadays prostitution can be easily accessed through electronic technology and social media. The problem of prostitution can become a serious social problem if left untreated. One of the impacts of free prostitution is health problems, disease transmission from free sex can spread quickly and to anyone. In Indonesian law, prostitution is an act that is contrary to the rules of criminal law. The provisions are in Article 506 of the Criminal Code which clearly threatens prison sentences and fines. Keywords: Prostitutions, Criminology, Lifestyles.
Actualization Of Customary Law (Living Law) As A Form Of Legal Reform In Indonesia Alfin Aslichatul Ummah
Socio Legal and Islamic Law Vol 2 No 1 (2023): June 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i1.22171

Abstract

The nation is the most important entity in a country; without it, there can be no state. In other words, the nation is the fundamental element of a state. The life of a nation is closely tied to its culture, as Aristotle put it, "zoon politicon," a social creature, whereby social interactions lead to agreements that eventually generalize into culture. Similarly, according to Hans Kelsen, a figure in positivism, law originates from societal interactions. In fact, customary law is an ideal source of law because laws already existing within society are unlikely to encounter significant resistance, unlike laws imposed by rulers, which tend to face considerable opposition from the populace.  Keywords: nation, law, customary law
Enforcement Of Human Rights In The Perspective Of Islam And Shariah In Indonesia Yustitianingtyas, Levina; Krisnawati, Natasya Dellia
Socio Legal and Islamic Law Vol 3 No 1 (2024): Juni 2024
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i1.22326

Abstract

The enforcement of human rights (HAM) from the perspective of Islam and Shariah in Indonesia reflects the state's commitment to accommodate the principles of justice and welfare in accordance with the teachings of Islam. The application of human rights in this context is in line with Shariah norms that emphasize the importance of protecting individual rights. In Indonesia, efforts to enforce human rights from an Islamic perspective are reflected through legal diversity that involves Shariah as a source of law. Enforcement of human rights in Islam involves aspects such as justice, freedom, and protection of individual rights. Indonesia constitutionally adheres to the principle of Bhinneka Tunggal Ika, which respects religious diversity, including Islam. Actions to enforce human rights in this context include protecting minority rights, religious freedom, and social justice. Additionally, cooperation among state institutions, civil society organizations, and Islamic institutions supports the implementation of human rights enforcement. However, challenges and criticisms regarding the implementation of human rights still arise, necessitating continuous efforts to strengthen human rights protection in accordance with Islamic values within the national legal context. Keywords: Human Rights, Islam, Shariah
The Legitimacy of Unmanned Aerial Vehicle Usage in International Humanitarian Law L.Ya Esty Pratiwi
Socio Legal and Islamic Law Vol 2 No 2 (2023): December 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22382

Abstract

The use of drones as a weapon in the battlefield has raised various issues, especially concerning the protection of civilian populations and compliance with the principles of IHL (International Humanitarian Law). Although there are no specific international regulations governing the use of drones, flexible principles of IHL can be applied. However, the use of drones for armed attacks has raised questions about the legality and state responsibility for their impact. In the context of the United States, the use of drones has raised concerns regarding violations of IHL and international law. Protecting civilians under IHL and distinguishing between military and non-military targets are primary concerns in assessing the use of drones as weapons. Furthermore, the need for stricter international regulations and state accountability in the use of drones is also highlighted in this article. Thus, this article presents an in-depth analysis of the legal challenges and implications of drone use in wartime situations, as well as emphasizing the need for a clear regulatory framework within the context of international law. Keywords: Keywords: Civilian population, Legality and accountability of states, International law
The Effectiveness of the Results of the Security Council's Decision Regarding North Korea's Ceasefire Violations South Korea Sovereignty Rully Agung Afrizal
Socio Legal and Islamic Law Vol 2 No 2 (2023): December 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22394

Abstract

This research focuses on examining the North Korean government's ambitions to expand its influence beyond the borders of other nations. Specifically, in this study, the President of South Korea responded quickly and efficiently to the protests lodged by him against the highest leader of the North Korean authorities, urging for an immediate meeting or dialogue regarding the recent violations of the armistice agreement by North Korea over the integral territory of South Korea, which is increasingly volatile at several strategic guard posts along the 248-kilometer border known as the Military Demarcation Line, cutting across the waist of the Korean Peninsula and following the Korean Demilitarized Zone that serves as the de facto border between the North and South.
Analysis of China's 9-Dash Line Claim in the South China Sea Under International Law Muhammad Ibrahim Akbar; Prakasa, Satria Unggul Wicaksana
Socio Legal and Islamic Law Vol 2 No 2 (2023): December 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22430

Abstract

The South China Sea area is an area that has a lot of potential. Its very strategic role in various fields such as politics, economics, and security makes it the largest water area with great potential. It contains 266 trillion cubic feet of gas reserves and 7.7 billion barrels of oil reserves. This is the cause of the dispute that occurred in the South China Sea (Luh Gede, et al 2022). There is a clash of diplomacy cultures between ASEAN with the "ASEAN Way" which upholds the principles of non-intervention and consensus and China with direct diplomacy efforts to related countries. (Ali Maksum 2017) The need for a large role from the government to make new, firmer policies to increase the strength of the sovereignty of the Republic of Indonesia. (Atikah, et al 2021) The importance of peace diplomacy efforts at the bilateral, regional level can be focused on efforts to resolve the South China Sea dispute. (Yuli, et al 2021) The need for China to respect the decision of the Permanent Court of Arbitration (PCA) so that it can be resolved in a peaceful manner. (Dessy, et al 2018). This research will focus on (1) What types of violations of state sovereignty committed by China over the South China Sea claims and (2) How dispute resolution efforts can be taken by the South China Sea region countries and the UN according to UNCLOS 1982. This research method adopts quantitative and qualitative research methods from various social sciences and sees legal issues as a social event. The results in this study show that the dispute over the South China Sea region between China and the country sliced by the Nine Dash Line map still does not show a bright spot and the existing disputes will continue to recur and develop over time due to differences in principles between the parties to the dispute. On the one hand, China sticks to historical theory, while other countries that are sliced also use historical theory which is also accompanied by the determination of territorial boundaries contained in UNCLOS 1982. In this case, good faith between countries is needed by making mediation efforts in order to reach a peaceful agreement. However, if this is still deemed unable to resolve the existing dispute, then another step that can be used is through the decision of the International Court of Justice (ICJ).
Human Rights Violations and Alleged Crimes War in the Russian-Ukraine Conflict Wardana, Dodi Jaya; Roqib, Muhammad; Maulana P, Arya
Socio Legal and Islamic Law Vol 2 No 2 (2023): December 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22546

Abstract

This research aims to examine human rights violations and alleged war crimes during Russia's invasion of Ukraine. The conflict between Russia and Ukraine occurred because they fought over the Crimea region, Eastern Ukraine. Crimea has been contested for centuries. Crimea was formerly called Tauris or Tavrida, by the Russian people this region is considered the home of various ethnic groups. This conflict between Ukraine and Russia caused many casualties and major damage to physical infrastructure in Ukraine. Russia's actions in the Crimea region have received various criticisms from the European Union and western countries. Russia has intervened in Ukraine and carried out acts of aggression into the Crimea region. The European Union and Western countries condemned Russia's actions as violating the rules of international law. The aim of this research is to determine human rights violations and alleged war crimes in the Russia-Ukraine conflict as well as forms of accountability and sanctions for human rights violations. The research method used is a normative juridical type with a statutory and conceptual approach supported by primary and secondary legal materials. The results of this research show that the United Nations demands that Russia stop its power against Ukraine. Russia, which is involved in the conflict, must comply with the rules and provisions of International Law, which is the only way to resolve Russia's dispute with Ukraine peacefully. Keywords: Russia-Ukraine; Human Rights Violations; War Crimes  
Prewedding in the Perspective of Islamic Law Mohammad Syafa'ad; La Ode Ismail Ahmad; Abdul Rahman Sakka
Socio Legal and Islamic Law Vol 2 No 1 (2023): June 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In terms of meaning, a man is prohibited from being alone with a woman who is not his mahram and a woman is prohibited from traveling except with her mahram, because if she does not go with her mahram there is fear that slander or bad things will happen to the woman. However, if there is a need to leave the house, it is permissible to leave the house on condition that you maintain personal purity and maintain a sense of shame. Contextualization of the hadith prohibiting seclusion in taking pre-wedding photos, namely the hadith prohibiting seclusion is one of the hadiths that is relevant to the cultural phenomenon of pre-wedding photos. Ikhtilat, kasyful aurat, touching with the opposite sex, tabarruj and khalwat are behaviors that violate Islamic law which usually occur during pre-wedding photos. Keywords: first keyword, second keyword, third keyword

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