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Rosyidi Hamzah
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Jurnal Kajian Ilmu Hukum
Published by Lembaga Riset dan Inovasi Al-Matani
ISSN : 29630630     EISSN : 28291980     DOI : 10.55583/jkih
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Kajian Ilmu Hukum adalah jurnal hukum peer-review yang menyediakan forum untuk karya ilmiah tentang studi hukum. Jurnal ini menerbitkan makalah penelitian asli yang berkaitan dengan beberapa aspek dari penelitian hukum. Jurnal Kajian Ilmu Hukum terbit 2 kali setahun pada bulan Januari dan Agustus. Jurnal ini benar-benar membuka akses pintu bagi para pembaca dan akademisi untuk tetap berhubungan dengan temuan penelitian terbaru di bidang hukum. Jurnal Kajian Ilmu Hukum melingkupi kajian-kajian ilmiah dalam ranah ilmu hukum, hasil-hasil penelitian yang terbaru dan pemikiran-pemikiran progresif. E-ISSN : 2963-0630, P-ISSN : 2829-1980
Arjuna Subject : Ilmu Sosial - Hukum
Articles 107 Documents
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THE VALIDITY OF ONLINE MARRIAGE FROM A MAQASID SYARIAH PERSPECTIVE: JASSER AUDA'S SYSTEMIC APPROACH Rachman Iqbal; Akbarizan Akbarizan
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1904

Abstract

This study reveals the legality of online marriages, which are currently an alternative solution when the prospective bride and groom cannot meet in person. Technological advances in this digital era have become inevitable, thus becoming a topic of discussion in Islamic law. Online marriages are conducted via video calls, whether through Google Meet, Zoom, WhatsApp, or other applications, thus providing convenience for both parties who are separated by distance and location. This study uses a philosophical approach using the theory of maqashid sharia developed by Jasser Audha. The conclusion of this study is that, according to the perspective of maqashid sharia developed by Jasser Audha, the validity and permissibility of online marriages are a form of openness in Islamic law using a multidimensional method in addressing issues arising from global digitalization, referring to the six approaches in maqashid sharia. Thus, the permissibility of online marriages is in line with the achievement of the values of the features developed by maqashid sharia Jasser Audha.
Reformulation of Parking Levy Management as a Good Governance Strategy to Improve Regional Original Revenue Aryo Akbar; Efendi Ibnususilo; Moza Della Fudika; Umi Muslikhah; Surizki Febrianto
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1964

Abstract

Regional levies constitute one of the strategic sources of Regional Original Revenue (ROR) that support the financing of local government administration. One type of regional levy is the parking service levy. Although it is not the primary source of levy revenue, the parking service levy in Pekanbaru City makes a significant contribution to the increase of Regional Original Revenue. This study aims to analyze the management of parking levies in enhancing Pekanbaru City’s Regional Original Revenue and to identify the obstacles encountered in their implementation. This research employs a normative legal research method using a statutory and conceptual approach, conducted through a literature review of primary and secondary legal materials. The findings indicate that increasing Regional Original Revenue from parking levies requires effective and integrated management by the relevant authorities, encompassing planning, organizing, implementation, and supervision. However, several challenges remain, including weak supervision, limited human resources, low discipline of parking attendants in remitting levies, inadequate official attributes of parking officers, and low public awareness. Therefore, strengthening the management and supervision system of parking levies is essential to optimize their contribution to Regional Original Revenue
LEGAL ANALYSIS OF CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 AS A FORM OF EXPANSION OF POSITIVE LEGISLATOR AUTHORITY FROM THE PERSPECTIVE OF LEGAL JUSTICE Ellydar Chaidir; Moza Dela Fudika; Puti Mayang Seruni
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1982

Abstract

The Constitutional Court Decision No. 90/PUU-XXI/2023 concerning the age requirement for presidential and vice-presidential candidates has generated extensive constitutional debate in Indonesia. As the guardian of the 1945 Constitution, the Constitutional Court is expected to uphold legal certainty and constitutional consistency. However, this decision introduces a new interpretation by adding normative meaning to Article 169 letter q of Law No. 7 of 2017 on General Elections, raising questions regarding the limits of judicial authority. This article aims to analyze the ratio decidendi of Decision No. 90/PUU-XXI/2023 within the framework of open legal policy and to examine the extent to which the Constitutional Court has exercised its authority in adding legal norms. This study employs normative juridical research using statutory and conceptual approaches, supported by primary, secondary, and tertiary legal materials. The findings indicate that the decision reflects a shift in the Constitutional Court’s role toward norm creation, which deviates from its function as a negative legislator and undermines legal certainty and the principle of justice.
Implementation of Household Waste Management Policy: A Siyasah Tanfidziyah Analysis of Local Government Regulation Akbar Rizki Wahyu Pradana Madan Saputra; Eti Karini; Muhammad Jayus; Suraining Rosodor
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.2001

Abstract

This study examines the implementation of household and household-like waste management policies from the perspective of Siyasah Tanfidziyah, focusing on the exercise of governmental authority in policy execution. The research aims to analyze how local governments implement waste management regulations and to assess their alignment with Islamic principles of governance oriented toward public welfare (maslahah). This study employs field research with a qualitative descriptive approach. Primary data were obtained through interviews and documentation at the local Environmental Service, while secondary data were collected from relevant books, journals, and regulatory documents. Data were analyzed using descriptive analytical techniques. The findings indicate that the implementation of waste management policies remains suboptimal due to inadequate facilities and infrastructure, limited public education, and insufficient internalization of Islamic values related to environmental stewardship. These constraints hinder the effective realization of environmentally sustainable governance as envisioned in Siyasah Tanfidziyah. The study concludes that effective waste management requires the integration of regulatory enforcement with a religious-based approach that emphasizes public awareness and collective responsibility. Accordingly, this study recommends strengthening regulatory frameworks, enhancing Islamic-based environmental education, and promoting cross-sector collaboration at the community level to improve policy effectiveness
LEGAL POLITICS IN DETERMINING THE PRESIDENTIAL THRESHOLD WITHIN INDONESIA’S CONSTITUTIONAL SYSTEM Moza Dela Fudika; Ellydar Chaidir; Umi Muslikhah; Dandy Indra Octadinata
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.2252

Abstract

The elimination of the presidential threshold system on the one hand has had a positive impact on the development of Indonesian democracy. This system can restore the basic rights of citizens in the constitution (remedy of constitutional rights) that were once injured by the existence of the presidential threshold. There are many benefits that will be obtained by non-majority parties so that they can propose their respective presidential candidates, and also make the choice of president more diverse. With the PT, it will be easier for the president to carry out government duties, because there is no intervention from other dominant parties in parliament. However, the weaknesses of the elimination of the PT are also worth considering, such as the vulnerability of individual interests that can be obtained through presidential nominations. From a national security aspect, it will result in an expansion of conflict escalation and election crimes due to the large number of candidates. In terms of efficiency, the allocation of the election budget will increase (high cost election). At least the allocation of election funds can be channeled to areas that can improve the welfare of other people. However, this assumption needs to be further proven with in-depth research on the efficiency of campaign funds.
THE FOREIGN INVESTMENT IN THE INDONESIAN CAPITAL CITY FROM THE PERSPECTIVE OF THE CONSTITUTIONAL ECONOMIC CONCEPT IN INDONESIA EKI SUDARNO; Zulfikri Toguan; Rafael Febriant Tua Hutauruk
Jurnal Kajian Ilmu Hukum Vol. 5 No. 2 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i2.2405

Abstract

Abstract Development must continue to be carried out in order to create equity, the development carried out today aims to sustain life in the present and the future. If we feel the impact of development today, it means that our predecessors managed the country successfully. And all that is done today is for the good of the world. This study is a research literature. Activities are carried out systematically to collect, process, and conclude data using certain methods/techniques to find answers to the problems faced. This study uses a qualitative approach, a research process to understand human or social phenomena by creating a comprehensive and complex picture that can be presented in words, reporting detailed views obtained from source informants, and carried out in a natural setting. The data of this study were obtained from library sources consisting of books, journals, Scientific Papers, legislation, documents, and so forth. The results showed that the transfer of the state capital missed the complete process and mechanism, seen the most dominant executive in the process of moving the capital. The transfer, which was established in conjunction with the covid-19 response, caused a negative reaction from the public. Then the investment mechanism carried out by the government is considered contrary to the constitutional economic system because the government ignores the interests of the people. Keywords: Foreign Investment, IKN, economic Constitution.
Legal Analysis of Investment in the Palm Oil Sector in Indonesia Mia Kinasih; Gotlif P Pasaribu
Jurnal Kajian Ilmu Hukum Vol. 5 No. 2 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i2.2406

Abstract

ndonesia's palm oil industry plays a strategic role in national economic development by attracting investment, generating employment, and contributing significantly to export revenues. However, the sector continues to face persistent legal challenges, including overlapping land tenure, agrarian conflicts, environmental degradation, and regulatory inconsistencies that undermine legal certainty and sustainable investment. This study aims to examine the legal framework governing investment in Indonesia's palm oil sector, identify the major legal issues affecting its implementation, and analyze the legal protection mechanisms that support sustainable investment governance. The research employs a normative legal approach using statutory, conceptual, and analytical methods. Data were collected from primary legal materials, secondary legal literature, judicial decisions, and relevant policy documents, and analyzed through qualitative juridical interpretation. The findings reveal that Indonesia has established a comprehensive regulatory framework through investment, agrarian, plantation, environmental, and business licensing laws. Nevertheless, the effectiveness of these regulations remains constrained by fragmented institutional governance, overlapping legal authorities, and inconsistent implementation across sectors. The study further finds that legal certainty in palm oil investment depends not only on regulatory completeness but also on the harmonization of legal institutions responsible for land administration, environmental governance, and investment supervision. This research proposes the concept of Integrated Legal Governance, which combines legal certainty, legal protection, and sustainable development principles as a comprehensive framework for strengthening investment governance. The study contributes to the advancement of investment law by demonstrating that institutional harmonization is the key determinant of sustainable palm oil investment and provides policy recommendations for regulatory integration, environmental governance, and the protection of investors and indigenous communities in Indonesia

Page 11 of 11 | Total Record : 107

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