cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mohd. Winario
Contact Email
mohd.winario27@gmail.com
Phone
+6285264528808
Journal Mail Official
mohd.winario27@gmail.com
Editorial Address
Jl. Buana/Jl. Kubang Raya
Location
Unknown,
Unknown
INDONESIA
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 53 Documents
 2   3   4   5   6 
Analisis Yuridis Terhadap Uang Pengganti Untuk Pengembalian Kerugian Negara Dalam Perkara Tindak Pidana Korupsi Di Pengadilan Negeri Pekanbaru Syahrial Syahrial; Maya Intan Pratiwi; Yonar Harada Taquas Elta
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.528

Abstract

Replacement money is a consequence of the consequences of corruption that can harm the State or state economy, so to restore the loss is necessary juridical means in the form of payment of replacement money. The main problem in this research is how is the mechanism of payment of surrogate money for the return of state losses in the case of corruption crime in Pekanbaru District Court and what are the obstacles faced in the process of payment of replacement money for the return of state loss in the case of corruption in Pekanbaru District Court. The research results show that the mechanism for paying compensation to recoup state losses due to corruption in the Pekanbaru District Court is implemented after a final and binding decision through the confiscation of assets resulting from corruption. Additional penalties in the form of compensation may be imposed in the amount of the assets obtained from the corruption. The Prosecutor's Office implements this through collection, asset auctions, payment of compensation, and civil lawsuits. Obstacles include the difficulty of tracking diverted or spent assets, the inability of convicts to pay, and third-party lawsuits against confiscated assets.
Analisis Yuridis Penegakan Hukum Terhadap Tindak Pidana Pornografi Dengan Cara Memposting Video Porno Diakun Media Sosial Twitter Diwilayah Hukum Polda Riau Akel Fernando; Rusdi Rusdi
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.535

Abstract

The purpose of this research is to determine how the law is enforced against perpetrators of the crime of distributing pornography on social media Twitter and to determine the obstacles and constraints in enforcing the law against the distribution of pornographic content on social media Twitter. The research method is an absolute element that must be present in research and the development of science. To obtain maximum and good research results, accuracy, precision, and persistent effort are required. In line with the research topic that focuses on a legal review, in collecting and processing data and materials the author of pornography Ministry of Communication and Information. Based on the results of the study, that the role of the police, especially the Riau Regional Police, in efforts to eradicate the crime of pornography is not solely a matter of law and law enforcement, but also social, cultural, and economic issues that are closely related to the issue of national resilience, so that policies and measures for prevention and eradication are also aimed at maintaining a balance in the obligation to protect state sovereignty, the human rights of victims and witnesses, and the human rights of suspects and defendants.
Analisis Hukum Zakat Hasil Perkebunan Kelapa Sawit berdasarkan Prinsip Zakat Pertanian Zubaidah Assyifa; Rifqil Khairi; Muhammad Zakir; Wahyu Febri Ramadhan Sudirman; Rinda Fitriyana
Journal of Legal Sustainability Vol. 3 No. 1 (2026): Maret 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i1.505

Abstract

This study aims to analyze the zakat law on oil palm plantation yields based on the principles of agricultural zakat from an Islamic legal perspective. The study employed a qualitative approach with library research. Data were obtained from the Quran, hadith, fiqh books, scientific journals, and various literature related to agricultural zakat and oil palm plantation zakat. Data collection was conducted through documentation studies, while data analysis employed a descriptive-analytical method with a normative sharia approach. The results show that oil palm has productive characteristics and economic value, thus fulfilling the basic principles of zakat obligations. Scholars differ in their opinions regarding the status of zakat on oil palm, with some classical scholars limiting agricultural zakat to certain food crops, while contemporary scholars extend the obligation to all productive plantation products. This study also found that low public understanding and suboptimal zakat management are the main obstacles to the implementation of zakat on oil palm. Therefore, education and strengthening of zakat institutions are needed so that the potential of zakat on oil palm can be utilized to improve community welfare and economic equality.
Implementasi Perlindungan Hukum terhadap Aktivis Pejuang Lingkungan Hidup Berdasarkan Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup Perspektif Siyasah Dusturiyah (Studi Kasus Kabupaten Langkat) Sholie Pasaribu; Maulidya Mora Matondang
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.582

Abstract

Indonesian activists face numerous challenges in upholding the law, particularly regarding criminalization and intimidation through Strategic Lawsuits Against Public Participation (SLAPP) mechanisms. This study aims to examine the implementation of legal protection—specifically concerning land acquisition issues—under Article 66 of Law Number 32 of 2009, and to analyze it from the perspective of Siyāsah Dustūriyyah (Islamic constitutional law). The study employs a normative legal research method characterized by significant procedural and conceptual complexity. The findings indicate that the provisions of Article 66 of the Environmental Protection and Management Law (PPLH)—supported by the Regulation of the Minister of Environment and Forestry Number 10 of 2024 and the Attorney General’s Guideline Number 8 of 2022—have established a foundation for legal protection based on Anti-SLAPP principles. From the perspective of Siyāsah Dustūriyyah, these regulations align with the concept of tasharruf al-imām 'ala al-ra'iyyah manūṭun bi al-maṣlaḥah, which posits that government policy must prioritize the public interest and prevent environmental degradation. However, implementation has not been fully successful due to the absence of integrated Anti-SLAPP mechanisms within the Criminal Code and persistent power imbalances between the public and environmental activist groups.
Pergeseran Paradigma Pemidanaan Dalam KUHP Nasional: Dari Retributivisme Menuju Model Integratif Pemidanaan Srirejeki Srirejeki
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.583

Abstract

The reform of Indonesian criminal law through Law Number 1 of 2023 concerning the Criminal Code marks a fundamental shift in the structure of the national sentencing system. This change does not merely replace colonial-era criminal provisions but also introduces a new orientation regarding the objectives, guidelines, and types of punishment. This study aims to analyze whether these changes signify a paradigm shift from a retributive sentencing system toward an integrative sentencing model. The research employs a normative-juridical method utilizing statutory, conceptual, historical, and comparative approaches. The findings indicate that the National Criminal Code does not entirely abandon the retributive paradigm but repositions retribution as one element within a broader sentencing framework. This new model integrates aspects of accountability, proportionate retribution, deterrence, public protection, rehabilitation, social reintegration, conflict resolution, and restoration. This framework aligns with the integrative sentencing theory developed by Muladi, which is grounded in a humanitarian perspective based on the Pancasila system. Consequently, the reform of the National Criminal Code is best understood not as a linear transition from retributivism to restorative justice, but rather as a transformation into a multidimensional, integrative sentencing model.
Analisis Yuridis Pemutusan Bantuan Program Keluarga Harapan terhadap Keluarga Penerima Manfaat dalam Perspektif Siyasah Dusturiyyah (Studi di Desa Pematang Sei Baru) Siti Aisyah; Dhiauddin Tanjung
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.584

Abstract

This study aims to analyze the mechanism for terminating PKH assistance for Beneficiary Families (KPM) in Pematang Sei Baru Village, identify the factors leading to such termination, and evaluate its compliance with applicable legal regulations and the perspective of siyasah dusturiyyah (Islamic constitutional governance). The study employs a socio-legal (juridical-empirical) method with a qualitative approach, utilizing observation, interviews, and documentation techniques. The results indicate that out of 315 active KPMs, 28 experienced assistance termination. The primary causes for termination were invalid administrative data and changes in welfare decile rankings within the Integrated Social Welfare Data (DTKS) system. From a legal standpoint, the termination process adhered to Minister of Social Affairs Regulation Number 1 of 2018; however, substantively, its implementation did not fully satisfy the principle of justice, as there remained KPMs who were economically eligible to receive the assistance. From the perspective of siyasah dusturiyyah, the policy did not fully reflect the principles of justice, trustworthiness (amanah), and public interest (maslahah). This study contributes by offering recommendations to improve the verification and data-updating mechanisms for PKH—addressing both government systems and active community participation—to ensure that social assistance policy implementation becomes more accurately targeted, transparent, and equitable.
Implikasi Kebijakan Pemerintah Terhadap Bantuan Infrastruktur Sekolah Menurut Permendikbudristek No 22 Tahun 2023 Dalam Perspektif Siyasah Dusturiyah (Studi Yayasan Ibrahim Mustafawiyah Bersaudara) Widia Rizki; Syofiaty Lubis
Journal of Legal Sustainability Vol. 3 No. 2 (2026): Juni 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i2.590

Abstract

This study aims to analyze the implications of government policy regarding school infrastructure assistance—based on the Regulation of the Minister of Education, Culture, Research, and Technology (Permendikbudristek) Number 22 of 2023—and to examine it from the perspective of Siyasah Dusturiyah (Islamic constitutional governance) within the Ibrahim Mustafawiyah Bersaudara Foundation. The study employs an empirical legal method with a juridical-empirical approach. Data were collected through observation, interviews, documentation, and literature review. The results indicate that the school infrastructure assistance policy has positively impacted the quality of educational facilities and infrastructure while supporting the smooth conduct of the learning process. The availability of adequate facilities contributes to creating a more effective and comfortable learning environment for both students and educators. However, the policy's implementation still faces several obstacles, particularly funding limitations and the unequal distribution of assistance. From the perspective of Siyasah Dusturiyah, the policy reflects the state's responsibility to realize the public interest, ensure justice, and fulfill the community's right to access decent, high-quality, and equitable education.
Analisis Analisis Putusan Mahkamah Konstitusi Republik Indonesia Nomor: 02/PHPU.BUP-XXIII/ Tentang Perkara Perselisihan Hasil Pemilihan Umum Bupati dan Wakil Bupati Pasaman Perspektif Hukum Islam Rahmadani Rahmadani; Rinaldi Ilham
Journal of Legal Sustainability Vol. 3 No. 3 (2026): September 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i3.591

Abstract

This study analyzes Constitutional Court (MK) Decision Number 02/PHPU.BUP-XXIII/2025 regarding the dispute over the 2024 Pasaman Regent and Deputy Regent election results, examining it through the lenses of positive law and Islamic law (fiqih siyasah). The issue arose because the Deputy Regent candidate on ticket number 1, Anggit Kurniawan Nasution, failed to meet the formal candidacy requirements stipulated in Article 7, paragraph (2), letter g of Law No. 10 of 2016. As a former convict in a fraud case, he had utilized a "Certificate of No Criminal Record" that was subsequently revoked by the court, and he had failed to disclose his status to the public. The Constitutional Court partially granted the petition filed by candidate pair number 2 by disqualifying Anggit, annulling the General Elections Commission (KPU) decisions regarding the candidate pair's certification and the election results, and ordering a Re-vote (PSU) excluding him. From the perspective of positive law, the ruling upholds the integrity and legal certainty of the election. In terms of fiqih siyasah, the decision aligns with the principles of amanah (trustworthiness), justice, and the public interest (maslahah), as well as al-Māwardī’s concept of leadership, which emphasizes the honesty and integrity of a leader.
Analisis Pelaksanaan Tugas BPBD Berdasarkan Perda Kabupaten Tapanuli Selatan Nomor 7 Tahun 2021 Dalam Perspektif Fiqh Siyasah Dusturiyah Di Kecamatan Batang Angkola Ummi Najipah Hsb; Afifa Rangkuti
Journal of Legal Sustainability Vol. 3 No. 3 (2026): September 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i3.592

Abstract

This study investigates the implementation of disaster-prone area information services carried out by the Regional Disaster Management Agency (BPBD) of South Tapanuli Regency in accordance with South Tapanuli Regency Regional Regulation No. 7 of 2021. It also analyzes the implementation from the perspective of Fiqh Siyasah Dusturiyah. This research uses an empirical legal research method with a socio-legal approach. The data were obtained through interviews and document analysis. The findings show that BPBD South Tapanuli Regency has carried out disaster information dissemination through Socialization, Communication, Information, and Education (KIE) activities. Nevertheless, interviews with residents of Batang Angkola Subdistrict indicate that access to disaster-related information has not been distributed evenly across the community. From the perspective of Fiqh Siyasah Dusturiyah, the provision of disaster information through KIE reflects the government’s responsibility to protect the interests and welfare of society. These efforts indicate the government’s commitment to strengthening community protection and preparedness in facing disasters. However, the distribution and accessibility of disaster-related information still require further improvement.
Living together with an adult brother-in-law in the perspective of Sadd Adz-Dzariah Nona Amanda Fitria; Zainal Arifin Purba
Journal of Legal Sustainability Vol. 3 No. 3 (2026): September 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i3.593

Abstract

This research aims to analyze the law of living at home with adult in-laws from a sadd al-dzarī‘ah perspective and formulate preventive measures in conditions that require living together. This issue is important to study because in-laws are not mahram, while living in the same house can increase the intensity of interactions and open up opportunities for khalwat, slander and mafsadah. This research is normative legal research with a conceptual approach. Legal materials are obtained through literature studies which include the Al-Qur'an, hadith, books of jurisprudence and ushul fiqh, books, journals, and relevant previous research. The analysis was carried out descriptively-analytically with a deductive pattern based on the sadd al-dzarī‘ah concept of Ibn Qayyim al-Jauziyyah and Imam al-Syathibi. The research results show that living in the same house as an adult sibling-in-law is basically permissible, but can become a dzarī'ah towards mafsadah if it continues continuously and is not accompanied by adequate interaction limits. Therefore, this condition should be avoided if the potential for harm is greater than the benefit. However, in the case of hājah mu'tabarah, living in the same house can still be tolerated by implementing preventive measures, such as protecting the private parts, avoiding seclusion, limiting interactions, and providing a separate living space.

Page 5 of 6 | Total Record : 53

 2   3   4   5   6 

Filter by Year

2024 2026


Reset
Filter By Issues
All Issue Vol. 3 No. 3 (2026): September 2026 Vol. 3 No. 2 (2026): Juni 2026 Vol. 3 No. 1 (2026): Maret 2026 Vol. 2 No. 4 (2025): Desember 2025 Vol. 2 No. 3 (2025): September 2025 Vol. 2 No. 2 (2025): Juni 2025 Vol. 2 No. 1 (2025): Maret 2025 Vol. 1 No. 3 (2024): Desember 2024 Vol. 1 No. 2 (2024): September 2024 Vol. 1 No. 1 (2024): Juni 2024