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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 6 Documents
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Search results for , issue "Vol. 2 No. 4 (2025): Desember 2025" : 6 Documents clear
Relevansi Konsep Harta Bersama Dalam Kompilasi Hukum Islam Dengan Hukum Islam Paisal, Paisal; Winario, Mohd; Hidayat, Hidayat; Nongliasma, Nongliasma
Journal of Legal Sustainability Vol. 2 No. 4 (2025): Desember 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i4.422

Abstract

The concept of joint marital property is an important aspect of family law in Indonesia as regulated in the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). The existence of this concept is often debated in terms of its relevance to Islamic law, considering that classical fiqh does not explicitly recognize the term joint property in marriage. This study aims to analyze the relevance of the concept of joint property in the KHI to the principles of Islamic law, as well as to examine the normative and philosophical foundations of its application. The research employs a library research method with a juridical-normative approach, analyzing sources of Islamic law, statutory regulations, and the opinions of scholars and legal experts. The results indicate that although the concept of joint property is not textually mentioned in classical fiqh, its substance is consistent with the principles of justice (‘adl), public interest (maslahah), and cooperation (syirkah) in Islam. Therefore, the concept of joint property in the KHI can be viewed as a form of contextual ijtihad that is relevant to Islamic legal values and the needs of Indonesian Muslim society.
Mahar dalam Perspektif Maqashid Al-Syari’ah: Analisis Tujuan Syariat dalam Penetapan Hak Perempuan Winario, Mohd; Sumanto, Dedi; K, Hendri
Journal of Legal Sustainability Vol. 2 No. 4 (2025): Desember 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i4.451

Abstract

This study aims to analyze the objectives of the maqāṣid al-syarī‘ah (laws and regulations) in determining the dowry as an instrument for protecting and fulfilling women's rights in Islamic marriage. This study is motivated by the gap between the normative provisions of dowry in Islamic law and social practices, which are often inconsistent with the substantive objectives of Islamic law. This study uses a qualitative approach with library research. Data sources were obtained from the Qur'an, Hadith, and classical and contemporary Islamic jurisprudence and ushul fiqh literature relevant to the concept of dowry and maqāṣid al-syarī‘ah. Data were analyzed using a descriptive-analytical method with a maqāṣid al-syarī‘ah approach, specifically focusing on the aspects of hifẓ al-māl (the need for material goods), hifẓ al-nasl (the need for property), and the principles of justice and benefit. The research results show that dowry from the perspective of maqāṣid al-syarī'ah has the main objective as a form of protection of women's rights, both economically and symbolically. The dowry functions as a guarantee of property ownership for women, an affirmation of men's responsibilities in marriage, and a manifestation of respect for dignity and justice for women. Thus, dowry cannot be understood only as a formal obligation, but rather as a sharia instrument oriented towards the benefit and protection of women's rights in Islamic marriages.
Penerapan Hukum Islam dalam Praktik Jual Beli oleh Anak di Bawah Umur di Masyarakat Kontemporer Zakir, Muhammad; Khairi, Rifqil; Rahmawati, Rahmawati; Assyifa, Zubaidah
Journal of Legal Sustainability Vol. 2 No. 4 (2025): Desember 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i4.452

Abstract

The practice of buying and selling by minors is a growing phenomenon in contemporary society, both in simple transactions in the local community and through digital media. This situation raises legal issues related to the validity of contracts and child protection from an Islamic legal perspective. This study aims to analyze the application of Islamic law to the practice of buying and selling by minors in the context of contemporary society. This study uses a juridical-normative method with a qualitative approach through library research. Data sources include the Qur'an, Hadith, classical and contemporary fiqh books, scientific journals, and relevant laws and regulations. Data were analyzed using a descriptive-analytical method with a maqasid al-shariah approach. The results show that Islamic law essentially permits the involvement of minors in buying and selling practices on a limited basis, provided they have the permission and supervision of a guardian and do not cause harm. Meanwhile, buying and selling by minors who are not yet mumayyiz is considered invalid. In the context of contemporary society, the application of Islamic law must be contextualized, emphasizing the principle of protecting children's minds and property. This research confirms that Islamic law plays a role not only as a legal norm but also as an ethical guideline for protecting and guiding children in safe and beneficial economic activities.
Peran Etika dan Hukum Bisnis dalam Mendorong Keberlanjutan Usaha Mikro, Kecil, dan Menengah Putri, Ramanitya Dewi; Reza, Saru
Journal of Legal Sustainability Vol. 2 No. 4 (2025): Desember 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i4.454

Abstract

This study aims to analyze the role of business ethics and law in promoting the sustainability of Micro, Small, and Medium Enterprises (MSMEs). The sustainability of MSMEs is a crucial issue given their strategic role in the national economy, yet they still face various challenges, particularly the low level of ethical implementation and compliance with business law. The research method used was a qualitative approach with library research. Data were obtained from various secondary sources, including textbooks, national and international journal articles, official agency reports, and laws and regulations relevant to business ethics, business law, and MSMEs. The collected data were analyzed using descriptive-analytical content analysis. The results indicate that business ethics plays a crucial role in shaping business behavior with integrity, increasing consumer trust, and creating harmonious working relationships, thus positively contributing to the sustainability of MSMEs. Meanwhile, business law provides legal certainty and protection that support business stability and development. The synergy between business ethics and law has proven to be a key factor in realizing MSMEs that are competitive and economically, socially, and environmentally sustainable.
Kontribusi Etika Islam terhadap Teori Penawaran: Kajian Liter-atur Kualitatif Saputra, Rio Panji; Winario, Mohd
Journal of Legal Sustainability Vol. 2 No. 4 (2025): Desember 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i4.458

Abstract

Supply theory in conventional economics generally emphasizes the rationality of producers in making economic decisions with the primary goal of maximizing profits. This approach views producers as economic actors acting based on cost-benefit considerations, but often ignores the ethical and moral dimensions of the production, distribution, and pricing of goods and services. As a result, economic practices detrimental to society, such as hoarding, price manipulation, and resource exploitation, often occur. Islam, as a comprehensive value system, offers a set of ethical principles that can enrich and complement modern supply theory. This article aims to examine the contribution of Islamic ethics to supply theory through a qualitative literature review approach. Data were obtained from various scientific sources, including journals, books, and relevant academic publications from the past five years. The results of the study indicate that Islamic ethics makes a significant contribution to supply theory through its emphasis on honesty, justice, social responsibility, and the prohibition of economic practices that harm society. The integration of Islamic ethics into supply theory has the potential to create a more just, sustainable, and oriented economic system that benefits the community as a whole.
Tinjauan Yuridis Terhadap Kasus Wanprestasi dalam Perjanjian Kredit di Koperasi Tani Timiangan Raya, Desa Lubuk Napal, Kecamatan Rambah Samo, Kabupaten Rokan Hulu Fernando, Akel
Journal of Legal Sustainability Vol. 2 No. 4 (2025): Desember 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i4.461

Abstract

This study aims to analyze the legal aspects of a default case in the implementation of a credit agreement between members and the Timiangan Raya Farmers' Cooperative in Lubuk Napal Village, Rambah Samo District, Rokan Hulu Regency. Default is a violation of agreed-upon obligations, particularly in the case of a debtor's delay or inability to fulfill loan installment payments. This study uses an empirical legal method with a qualitative approach, based on primary data from interviews and cooperative documentation, as well as secondary data from laws and regulations and legal literature. The results indicate that the default in the cooperative occurred due to weak debtor feasibility analysis, internal oversight, and members' legal awareness. The cooperative's efforts to resolve the issue include a family approach, credit restructuring, and even termination of membership, but these efforts have not fully complied with dispute resolution mechanisms under contract law. This study recommends increasing the capacity of cooperative management and providing legal counseling to members to ensure that credit agreements are implemented fairly and effectively in accordance with the principles of contractual justice.

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