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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
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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 60 Documents
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Reconceptualization of Maslahah In Islamic Worship: Public Interest, State Policy, and Maqasid Al-Syari'ah Firmansyah, Andi; Achmad Musyahid; Lomba Sultan
Socio Legal and Islamic Law Vol 3 No 2 (2024): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i2.23475

Abstract

Human welfare encompasses personal well-being, social and communal interests, as well as national benefit. When a government aspires to build a strong nation and ensure a safe, peaceful, and orderly society, it must prioritize public interest over individual benefit. Likewise, individuals and communities seeking a harmonious and tranquil life should emphasize actions that generate greater collective benefit. Sharia, as a divinely ordered system of law, functions as a comprehensive guide for human life, aiming to realize welfare at both personal and social levels. In relation to the values ​​of maslahah embedded in the commands of worship, Islamic law affirms that all divine prescriptions are inherently beneficial and free from harm, even when they may appear unfavorable from a human perspective. Furthermore, the pursuit of benefit in safeguarding religion, life, intellect, lineage, and property constitutes a fundamental obligation within Islamic legal thought. These essentials, classified by Islamic scholars as indispensable necessities (darūriyyāt), if neglected, would result in severe harm to worldly and spiritual life, ultimately undermining human happiness, peace, and social stability.
Safeguarding Village Neutrality: A Legal Analysis of the Prohibition on Village Heads Joining Political Parties Post-Constitutional Court Decision 76/PUU-XXI/2023 Arif, Arif Putra Pratama
Socio Legal and Islamic Law Vol 3 No 2 (2024): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i2.24456

Abstract

The prohibition of village heads from joining political parties under Constitutional Court Decision No. 76/PUU-XXI/2023 sparks debate regarding political rights within village autonomy. This research aims to analyze the alignment of the decision's legal considerations within the Indonesian legal system and identify implementation challenges stemming from the extensive authority of village heads. The research method used is socio-legal. The results show that the judges' considerations in Decision No. 76/PUU-XXI/2023 are aligned with the hierarchy of laws and regulations, positioning the village head as a government administrator mandatory to maintain neutrality for impartial public service. However, implementing this decision faces significant challenges because village heads hold centralized power (executive and budget management) and are products of political elections (Pilkades) often tied to local interests. Such vast authority is prone to misuse for practical political purposes through mass mobilization. Therefore, the effectiveness of this prohibition cannot rely solely on legal norms; it requires strengthening village leadership ethics and strict supervision to ensure village authority does not become an instrument for specific political parties.
Labour Rights Violations in The Plastic Manufacturing Sector of Bogura Sadar Upazila: An Empirical Study of Factory Workers Sharmin, Sumona; Md Mahedi
Socio Legal and Islamic Law Vol 3 No 2 (2024): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i2.24607

Abstract

A significant number of workers are employed in Bangladesh’s plastic manufacturing sector. Although the Bangladesh Labour Act, 2006 establishes a comprehensive legal framework to protect workers’ rights, its implementation within the plastic industry remains inadequate. Consequently, plastic factory workers continue to experience widespread labour rights violations. This study aims to examine the nature, patterns, and underlying causes of labour rights violations affecting workers in the plastic manufacturing sector. Using a descriptive research design, primary data were collected from workers employed in plastic factories in Bogura Sadar, Bogura District. The findings indicate persistent violations, including low wages, excessive working hours, insufficient overtime compensation, gender-based discrimination, inhumane treatment, unhealthy and unhygienic working conditions, and inadequate occupational safety and security measures. The study concludes that weak law enforcement and ineffective monitoring mechanisms are the primary factors contributing to these violations. Therefore, strengthening the enforcement of the Bangladesh Labour Act, 2006 is essential to reducing labour rights violations and improving working conditions in Bangladesh’s plastic manufacturing sector.
The Effectiveness of Mediation as an Instrument for Land Dispute Resolution: A Normative Legal Study of the Role of the National Land Agency in Lamongan Regency Galih Raka Dewa; Agus Supriyo
Socio Legal and Islamic Law Vol 3 No 2 (2024): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i2.26848

Abstract

The strategic socio-economic value of land in Indonesia often triggers complex disputes that are inefficiently resolved through litigation, necessitating mediation as a more equitable alternative. This study aims to evaluate the effectiveness of mediation in resolving land disputes, particularly in Lamongan Regency. The research method used is normative juridical. The results indicate that the effectiveness of mediation is significantly determined by a constellation of factors, including the parties' good faith, mediator competence, documentary completeness, and public legal literacy. However, findings reveal that mediation in Lamongan remains suboptimal due to several critical barriers. Specifically, the research identifies that low public legal awareness and the persistent egoism of disputing parties often lead to deadlocks during the negotiation process. Furthermore, the inability of mediators to employ effective communication techniques and psychological approaches frequently results in a failure to reach a formal peace agreement (Akta Perdamaian). Literature studies at the Lamongan Land Office (BPN) confirm that these internal and external constraints prevent mediation from becoming the primary choice for dispute resolution. Consequently, many cases that could be settled through non-litigation channels eventually escalate to court, increasing the burden on the judicial system. To enhance effectiveness, this study recommends intensive legal socialization to the community, specialized certification and training for professional mediators, and the institutional strengthening of the BPN’s role as a facilitator to ensure a more sustainable, fair, and legally certain dispute resolution framework in Indonesia.
Rukhsah and Moral Accountability In Islamic Law: An Analysis of The Maxim Ar-Rukhashu La Tunatu Bil-Ma‘Asi Sheila Nasywa Razani
Socio Legal and Islamic Law Vol 3 No 2 (2024): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v3i2.28841

Abstract

The strategic socio-economic value of land in Indonesia often triggers complex disputes that are inefficiently resolved through litigation, necessitating mediation as a more equitable alternative. This study aims to evaluate the effectiveness of mediation in resolving land disputes, particularly in Lamongan Regency. The research method used is normative juridical. The results indicate that the effectiveness of mediation is significantly determined by a constellation of factors, including the parties' good faith, mediator competence, documentary completeness, and public legal literacy. However, findings reveal that mediation in Lamongan remains suboptimal due to several critical barriers. Specifically, the research identifies that low public legal awareness and the persistent egoism of disputing parties often lead to deadlocks during the negotiation process. Furthermore, the inability of mediators to employ effective communication techniques and psychological approaches frequently results in a failure to reach a formal peace agreement (Akta Perdamaian). Literature studies at the Lamongan Land Office (BPN) confirm that these internal and external constraints prevent mediation from becoming the primary choice for dispute resolution. Consequently, many cases that could be settled through non-litigation channels eventually escalate to court, increasing the burden on the judicial system. To enhance effectiveness, this study recommends intensive legal socialization to the community, specialized certification and training for professional mediators, and the institutional strengthening of the BPN’s role as a facilitator to ensure a more sustainable, fair, and legally certain dispute resolution framework in Indonesia.
Dual Regulatory Governance in The Islamic Capital Market: Institutional Synergy Between Ojk and Sharia Supervisory Boards Roni Taufik Tafakkur; Wafda Vivid Izziyana; Mutiara Apriliyani; Imam Rifan
Socio Legal and Islamic Law Vol 4 No 2 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i2.30657

Abstract

The rapid growth of the Indonesian Islamic capital market is constrained by institutional challenges and authority overlaps between the Financial Services Authority (OJK) as the state financial regulator and the Islamic Supervisory Board (DPS) as the Sharia authority. This study aims to analyze the scope, authority, and institutional coordination between OJK and DPS in supervising Islamic capital market activities and financial products. This study employs an empirical legal research method. The results demonstrate that while both institutions share the objective of market oversight, existing regulatory frameworks lack integrated coordination, resulting in ambiguous boundaries regarding enforcement and Sharia compliance verification. Field findings reveal that the separation of state financial supervision and religious compliance assessment frequently leads to legal uncertainty for market practitioners, creates operational inefficiencies, and causes significant delays in financial product approvals. Furthermore, the supervision of Sharia compliance remains suboptimal due to the limited executive and investigative power of the DPS compared to the binding regulatory and sanctioning authority of OJK. This structural disparity prevents proactive monitoring of ongoing market transactions, leaving Sharia enforcement vulnerable to administrative gaps. Consequently, inconsistent regulatory interpretations between state law and religious fatwas continue to emerge, weakening the overall oversight framework. This study concludes that establishing a synchronized regulatory framework, integrating Sharia oversight protocols directly into OJK digital systems, and formalizing a joint-coordination mechanism are imperative to eliminate institutional overlapping, strengthen legal certainty, enhance public trust, and foster the sustainable development of the Indonesian Islamic capital market.
Harmonization Of Procedural Law and Economic Substance Sharia In Dispute Resolution In The Religious Courts Religion Banja Bakti Marantasi; Mutiara Apriliyani; Nara Sayuki
Socio Legal and Islamic Law Vol 4 No 2 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i2.30660

Abstract

This study examines the harmonization of procedural law with the substantive principles of Islamic economic law in the settlement of sharia economic disputes within Indonesia’s Religious Courts. The research addresses the gap between formalistic procedural mechanisms and the ethical, justice-oriented, and flexible nature of Islamic economic law. Using a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes Law Number 7 of 1989 on Religious Courts, as amended by Law Number 3 of 2006 and Law Number 50 of 2009, as well as Supreme Court Regulation (PERMA) Number 14 of 2016. It also compares Indonesia’s framework with sharia court practices in Malaysia and Brunei Darussalam. The findings indicate that existing procedural rules have not fully accommodated the objectives of Islamic law (maqāṣid al-sharī‘ah) and the principle of substantive justice (al-‘adl). Accordingly, procedural harmonization is required through22 the reformulation of procedural norms, strengthening judges’ interpretative authority as mujtahid qāḍī, and integrating maṣlaḥah mursalah into adjudication. Such reforms are expected to promote dispute resolution that ensures legal certainty while remaining consistent with the values and objectives of Islamic law.
Normative Dualism In The Indonesian Legal System: The Dynamics of The Relationship Between Sharia And Positive Law Terry Rongga Nugraha; Mutiara Apriliyani; Afendi Yosuf
Socio Legal and Islamic Law Vol 4 No 2 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i2.30661

Abstract

This article examines the normative dualism arising from the coexistence of Islamic law and positive law within the Indonesian legal system. As a pluralistic legal state, Indonesia accommodates both religious norms and statutory regulations, creating challenges in achieving legal certainty and consistency. This study employs a normative juridical method through statutory and conceptual approaches to analyze the interaction between sharia principles and positive law. The findings indicate that normative dualism often leads to interpretative inconsistencies and institutional fragmentation, while simultaneously reflecting Indonesia’s commitment to legal pluralism. The study argues that legal harmonization through integrative interpretation and regulatory accommodation is necessary to bridge the gap between religious and state legal norms. Such harmonization is essential to strengthen legal certainty, preserve constitutional values, and support the development of a coherent national legal system
Regulatory Challenges in Supervising Digital Sharia Financial Product Innovation: Indonesia's Financial Services Authority After The Enactment of The P2SK Law Setya Wahyu Ningrum; Mutiara Apriliyani; Ali Bakhrom
Socio Legal and Islamic Law Vol 4 No 2 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i2.30662

Abstract

This article analyzes the challenges faced by Indonesia’s Financial Services Authority (OJK) in supervising digital sharia financial product innovation following the enactment of the Law on Financial Sector Development and Strengthening (P2SK Law). The rapid expansion of digital sharia financial services, including fintech and digital banking, has generated complex regulatory issues concerning legal certainty, consumer protection, and compliance with sharia principles. This study employs a normative juridical method through the analysis of statutory regulations, OJK regulatory frameworks, and sharia governance mechanisms within Indonesia’s financial sector. The findings reveal that the P2SK Law has strengthened OJK’s supervisory mandate and provided a more comprehensive legal foundation for overseeing digital financial innovation. However, significant challenges persist in adapting regulatory frameworks to technological developments, ensuring effective sharia compliance, enhancing supervisory capacity, and strengthening institutional coordination among relevant stakeholders. These challenges may reduce the effectiveness of regulatory oversight and create legal uncertainty in the digital sharia finance ecosystem. The study concludes that an integrated, adaptive, and technology-oriented supervisory framework is essential to balance innovation, legal certainty, consumer protection, and adherence to sharia principles, thereby supporting the sustainable development of Indonesia’s digital sharia financial sector.
The Pragmatic Binding Power of DSN-MUI Fatwas Within Modern Financial Institutions I Gede Arya Budi Dwyartha; Wafda Vivid Izziyana; Popova Sonia
Socio Legal and Islamic Law Vol 4 No 2 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i2.30663

Abstract

The ambiguous transformation of National Sharia Council–Indonesian Ulema Council (DSN-MUI) fatwas into positive law creates a critical legal loophole and compliance vulnerability in the operational governance of Indonesian Islamic financial institutions. This study aims to analyze the legal binding authority of DSN-MUI fatwas and evaluate their practical enforcement within Islamic financial institution operations. This study employs a normative legal research method. The results demonstrate that while DSN-MUI fatwas hold strong moral and religious legitimacy, they lack direct state-enforceable executive power unless explicitly codified into binding banking or financial services regulations. This structural gap leads to inconsistent implementation across different institutions, where fatwa compliance varies significantly depending on internal corporate willingness and local Sharia supervisory board oversight. Furthermore, the absence of standardized statutory sanctions for fatwa non-compliance weakens institutional accountability and leaves consumers exposed to financial-sharia risks. The findings indicate that the current self-regulatory approach fails to guarantee uniform Sharia compliance, as institutions frequently prioritize commercial viability over strict fatwa adherence due to weak external regulatory pressure. Consequently, the operational binding force of these fatwas remains highly pragmatic rather than legally absolute. This study concludes that formalizing fatwas directly into state-backed financial regulations and establishing rigorous statutory enforcement mechanisms are imperative to eliminate legal uncertainty, strengthen institutional accountability, and guarantee robust consumer protection within the national Islamic financial system.

Page 6 of 6 | Total Record : 60

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