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Journal Of Legal Sustainability (JOLS)
Published by EL-EMIR INSTITUTE
ISSN : 30628792     EISSN : 30627184     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Of Legal Sustainability (JOLS) is published by the EL-EMIR Institute in helping academics, researchers, and practitioners to disseminate their research results. JOLS is a blind peer-reviewed journal dedicated to publishing quality research results in the fields of Civil Law, Economic Law, Criminal Law, Constitutional Law, State Administrative Law, International Law, Environmental Law, Islamic Law, Agrarian Law, Law Civil Procedure, Criminal Procedure Law, Administrative Procedure Law and other fields related to Legal Studies. All publications in the JOLS are open access which allows articles to be available online for free without any subscription. JOLS is a national journal with e-ISSN: 3062-7184, and is free of charge in the submission process and review process. Journal of Legal Sustainability publishes articles periodically twice a year, in March, June, September and December. JOLS uses Turnitin plagiarism checks, Mendeley for reference management and supported by Crossref (DOI) for identification of scientific paper.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 26 Documents
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Dowry in Imam Malik's Fiqh: Implications and Relevance in the Context of Contemporary Society Winario, Mohd; Harahap, Ahmad Rofi'i
Journal of Legal Sustainability Vol. 1 No. 1 (2024): Juni 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i1.16

Abstract

This paper aims to examine Imam Malik's views on dowry and its implications in the context of contemporary society. The method used in this research is literature analysis of Imam Malik's Fiqh books, especially Al-Muwatta, as well as a study of ulama interpretations and other related literature. The research results show that Imam Malik emphasizes the importance of dowry as a form of respect and protection for women's rights in marriage. In the context of contemporary society, Imam Malik's views on dowry have great relevance. Dowry is not only a woman's right, but also a way to maintain justice and equality in marriage. By understanding Imam Malik's views on dowry, contemporary society can learn valuable lessons in maintaining Islamic values in the institution of marriage.
Mekanisme Arbitrase di Badan Arbitrase Nasional Indonesia: Solusi Efektif untuk Penyelesaian Sengketa Bisnis Aulya, Rizki; Maulana, Intan
Journal of Legal Sustainability Vol. 1 No. 1 (2024): Juni 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i1.27

Abstract

The aim of this research is to analyze the role and effectiveness of the Indonesian National Arbitration Board (BANI) in dispute resolution. The method used is a literature study to collect information related to the process and mechanism for dispute resolution through BANI. The analysis was carried out to evaluate the strengths and weaknesses of using BANI as a dispute resolution tool. The research results show that BANI provides an effective platform for parties involved in disputes to resolve disputes peacefully and fairly. The arbitration process through BANI has proven to be fast, efficient and reliable in handling various types of disputes, especially in business and commercial contexts. However, challenges such as costs and compliance with arbitration awards remain a concern. In conclusion, a better understanding of the role and process of dispute resolution through BANI can help parties involved in a dispute to make informed decisions and reach a satisfactory resolution for all parties.
Efektivitas Pengadilan Litigasi dalam Penyelesaian Sengketa Bisnis Rosalina, Finna Rosalina
Journal of Legal Sustainability Vol. 1 No. 1 (2024): Juni 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i1.28

Abstract

This article discusses business disputes through litigation. Litigation is the process of resolving disputes through court. Choosing the right resolution path is very important to resolve business disputes well without causing excessive harm to either party. This research uses a library study approach, namely a research method that relies on books and other library sources as the main material and data. The research results explain that resolving business disputes through court is a method that is often used when the parties involved cannot reach an agreement through negotiation or mediation. Once the judge makes a final decision, the losing party must comply with the decision. This is a formal way to resolve disputes, and the process can involve various stages such as the presentation of evidence, a court hearing, and a judge's assessment. The District Court is part of the justice system which has the duty and authority to handle criminal and civil cases at the first instance. The Commercial Court is a special type of court which is also within the general court environment. The Commercial Court has special duties and authorities related to bankruptcy cases and payment delays.
Analisis Yuridis Penyelesaian Sengketa Konsumen Berdasarkan UU No 8 Tahun 1999 Rohmannudin, Rohmannudin; Hidayatullah, Iqbal; Winario, Mohd; Putri, Ramanitya Dewi
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

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

Abstract

This study aims to analyze the effectiveness of Law No. 8 of 1999 concerning Consumer Protection in resolving consumer disputes in Indonesia, and to identify the challenges faced in its implementation. This study uses a normative legal method with a statutory approach and case analysis. Data were obtained through a literature study covering primary, secondary, and tertiary legal materials, as well as an analysis of various consumer dispute cases that have been resolved through the Consumer Dispute Resolution Agency (BPSK) and the courts. The results of the study indicate that Law No. 8 of 1999 provides a clear legal framework for the protection of consumer rights. Dispute resolution through BPSK is more efficient than litigation, but there are still obstacles, such as low legal awareness among consumers and non-compliance of business actors with BPSK decisions. These challenges hinder the optimization of consumer protection. Although Law No. 8 of 1999 has functioned well in providing protection, corrective measures are needed, including increasing socialization, strengthening BPSK, and stricter law enforcement against violations. Thus, it is expected that consumer protection can be more effective and provide better justice.
Mekanisme Dan Metode Perhitungan Produk Pegadaian Syariah Dalam Konsep Hukum Bisnis Syariah Suryani, Ade Irma; Zakir, Muhammad
Journal of Legal Sustainability Vol. 1 No. 1 (2024): Juni 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i1.30

Abstract

The aim of this research is to explain the mechanism of sharia pawnshops and how to calculate sharia pawnshop products. The method used in this research uses descriptive research with a qualitative approach. The data collected is in the form of regulations, mechanisms and products from Sharia Pawnshops which are obtained based on documentation from literature related to Sharia pawnshops. A literature study was carried out, namely by analyzing the problem formulation using secondary data that was available on the pawnshop website and several documented literature. The research results explain that overall, the mechanisms and calculation methods in sharia pawnshop products are designed to provide financial solutions that are ethical, fair, and in accordance with Islamic principles, which provide an alternative for people who want to avoid usury transactions. In terms of the mechanism and method of calculation, sharia pawnshops make profits by entrusting services, not by interest as is practiced in conventional pawnshops. For each product, sharia pawnshops also take advantage by using different administration fees for each product. These administrative costs have a tendency to make costs at sharia pawnshops quite high, but are balanced with a high level of transparency. Finally, each financial institution will be selected based on the needs, level of trust, and fees charged by the customer. In practice, sharia pawnshops are still in the process of improving in terms of services, mechanisms and other related matters. And for every scholar who is involved in the world of sharia finance, he should be able to improve the sharia financial system by continuing to develop various methods and ijtihad ideas so that the benefits of sharia finance can be felt by the whole community, especially in the use of sharia pawnshop services
Keluarga Gagal Di Era Digitalisasi Ditinjau Dalam Perspektif Hukum Islam Kamalin, Muhammad
Journal of Legal Sustainability Vol. 1 No. 1 (2024): Juni 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i1.32

Abstract

The purpose of this research is to find out the causes of family failure and to find out the Islamic law review of the causes of family failure. The method used in this research is analytical descriptive research which aims to find out family problems to find out the Islamic law review of the problems of failed families in the era of digitalization. The research results provide an illustration that the current problem of failed families is due to the loss of family function or family dysfunction. As a result, family members are not fully controlled by their parents, juvenile delinquency occurs, teenagers spend more time outside the home than at home, even though children are the relay for future leaders. Likewise, the consequences of family poverty; In the end, there are husbands/wives who work abroad to earn a living as workers, hoping to make family life prosperous, but the integrity of the family is not perfect. This is a picture of a failed family in the digital era that lacks understanding of religious teachings or Islamic law as standards in family life.
Arbitrase dan Alternatif Penyelesian Sengketa dalam Penyelesaian Sengketa Ekonomi Syariah Nurhamidah, Eva; Winario, Mohd; Mairiza, Diany; Dinata, Shidiq Ramdan
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.33

Abstract

The aim of this article is to resolve conflicts in the field of sharia economics using non-litigation channels. Alternative dispute resolution (APS) is an organization that helps resolve differences of opinion through methods agreed by both parties, such as consultation, negotiation, mediation, conciliation, or expert assessment outside of court. This research uses a library study approach, where books and other library sources are the main material. The choice of this approach is based on the fact that literature studies help researchers in the initial stages of determining and compiling a research framework, as well as deepening theoretical understanding and clarifying the methodology used. Literature studies also function as a way to collect relevant research information. Based on the discussion above, the conclusion is: Alternative Dispute Resolution (ADR) in Islam, such as negotiation, mediation, conciliation and arbitration, has been used since ancient times to resolve conflicts between interested parties. The principles of the Qur'an emphasize the importance of peaceful conflict resolution, both inside and outside the courts. Hadith of the Prophet Muhammad also describe activities comparable to modern ADR, indicating that the ideas of negotiation, mediation, conciliation, and arbitration have long been used in Islamic societies. In practice, Alternative Dispute Resolution (APS) in the early days of Islam showed high flexibility and adaptability, which was in line with the essential ideals taught in Islam, namely justice, peace and social harmony.
Perlindungan Hukum Hak-Hak Perempuan Di Indonesia Menurut UU No.1 Tahun 1974 Tentang Perkawinan Sehoni, Sehoni
Journal of Legal Sustainability Vol. 1 No. 1 (2024): Juni 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i1.54

Abstract

Tujuan Penelitian ini adalah Untuk mengetahui Seberapa Jauh perlindungan Hak-hak yang dimiliki Perempuan menurut UU No.1 Tahun 1974 dewasa ini dan hambatan dalam melaksanakan hak-hak yang dimiliki perempuan dalam menajalani perkawinan dalam UU No.1 Tahun 1974, Metode Penelitian yang digunakan dalam penelitian ini adalah penelitian yuridis normatif, Hasil penelitian ini menunjukkan bahwa dalam implemntasinya tidak terlaksananya hak-hak perempuan sesuai amanat dalam UU No. 1 Tahun 1974 dan dalam UUD 1945 Hal tersebut bertentangan dengan tujuan hukum Islam yaitu prinsip maqasyid as-syari ah (kemashlahatan, keadilan dan perlindungan hak asasi manusia). Sehingga Perlidungan hukum tersebut perlu di di tegaskan untuk menjamin hak-hak perempuan saat ini.
Peran Dan Tantangan Lembaga Arbitrase Syariah Dalam Menyelesaikan Sengketa Bisnis Syariah Syahfitra, Nofri Ramadhani; Winario, Mohd; Khairunisa, Madona; Syam, Zulkharil Hadi
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.67

Abstract

This research examines the role and challenges faced by sharia arbitration institutions in completing sharia business settlements. As an alternative to out-of-court settlement, sharia arbitration offers a solution that complies with sharia principles and Islamic law. This research uses qualitative methods with a literature study approach and in-depth interviews with practitioners in the field of sharia arbitration. The research results show that sharia arbitration institutions play an important role in providing legal certainty and justice for disputing parties, especially in the context of sharia business. However, there are a number of challenges that hamper the effectiveness of this institution, including a lack of public understanding and trust in sharia arbitration, limited competent human resources, and regulatory constraints that do not fully support the development of this institution. Therefore, further efforts are needed to increase socialization, training and regulatory adjustments to strengthen the role of sharia arbitration institutions in completing the recovery of sharia business in Indonesia. The research results show that the Sharia Arbitration Institution plays an important role in providing dispute resolution mechanisms that are in accordance with sharia principles, maintaining the trust of sharia business actors, and reducing the burden on district courts. However, the challenges faced include a lack of public understanding and awareness about sharia arbitration, limited competent human resources, and a lack of harmonization of regulations that support the operationalization of these institutions.
Implikasi Hukum Ekonomi Syariah terhadap Pengembangan Keuangan Mikro dan Usaha Kecil Menengah Winario, Mohd; Rinaldi, Rinaldi; Zakir, Muhammad; Lubis, Haniah; Bustanur, Bustanur
Journal of Legal Sustainability Vol. 1 No. 2 (2024): September 2024
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69693/jols.v1i2.68

Abstract

This study aims to analyze the implications of sharia economic law on the development of microfinance and Small and Medium Enterprises (SMEs) in Indonesia. The focus of this study is to identify the application of sharia principles in microfinance, examine the challenges faced by SMEs in accessing sharia financial services, and explore the potential and opportunities of sharia microfinance in supporting SME development. This study uses a qualitative method with a case study approach. Data were collected through in-depth interviews with SMEs, sharia financial practitioners, and sharia financial institutions, and supported by analysis of related literature. The results of the study indicate that the application of sharia economic law in microfinance has a positive impact on SMEs, especially in terms of financial inclusiveness and economic justice. However, there are several challenges that still need to be overcome, such as low sharia financial literacy and limited access to sharia financial institutions, especially in rural areas. The potential of sharia microfinance as a tool for empowering SMEs is very large, but requires adequate regulatory and infrastructure support. This study concludes that with increased literacy, access, and appropriate regulation, sharia microfinance can be a strategic solution to accelerate the growth of SMEs in Indonesia.

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