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Media of Law and Sharia
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27211967     EISSN : 27162192     DOI : https://doi.org/10.18196/mls
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what penalties can be imposed on those who commit them. Civil Law Studying humans as subjects in law, laws that arise from kinship, the law relating to the valuation of money/wealth and inheritance law. Constitutional Law Examine the ins and outs of the birth of the state, concepts and theories of sovereignty and state power, and the system and governance of the state and government, including examining the pattern of power-sharing and the formation of state equipment. State Administrative Law Picturing the system of governance, actions and behavior of officials or state administrative bodies in carrying out their duties and responsibilities, including the consequences and solutions for resolving administrative and state administrative disputes. Laws and Regulations Reviewing the system for the formation of laws and regulations from understanding basic principles or formal material principles. Definition and types of legal norms, the types and legal implications of the hierarchy of laws and regulations, the mechanism for the formation of laws and regulations, and how the system and mechanism for testing legislation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "vol. 7 no. 2: october 2026" : 7 Documents clear
A Comparison of Regulatory Oversight of Loan Interest Rates on Peer-to-Peer Lending Platforms in Indonesia and the United States Kurniayudha, Wikian Fadam; Setianingrum, Reni Budi
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.471

Abstract

The rapid growth of financial technology, particularly peer-to-peer (P2P) lending, has expanded public access to financing but has also raised concerns regarding high and insufficiently transparent loan interest rates, which may increase default risks and weaken consumer protection. This study aims to analyze the supervision of P2P lending interest rates in Indonesia and compare it with the regulatory framework in the United States (US) to identify a more effective and equitable regulatory model. This research employs a normative legal method using statutory and comparative law approaches through a literature review of relevant legislation, legal doctrines, and scholarly works. The findings indicate that Indonesia has established a regulatory framework through the authority of financial regulators to set maximum interest rate limits. However, the implementation of supervision and transparency still faces several challenges. In contrast, the US regulates lending interest rates through mandatory disclosure of the Annual Percentage Rate (APR) and interest rate limitations under state-level usury laws. The study concludes that strengthening interest rate supervision, enhancing transparency, and refining regulatory policies are necessary to improve consumer protection and reduce default risks in Indonesia’s P2P lending industry.
The Role of Religious Figures in Preventing Incest in Tanjung Village: A Maqashid Sharia Perspective Putri, Tania Kadziyah; Marwa, Muhammad Habibi Miftakhul
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.485

Abstract

This study examines the phenomenon of incest, a forbidden marriage between closely related individuals, focusing on the case of seven infant deaths in Tanjung Village, Banyumas, resulting from a consanguineous relationship between a father and his biological child. The incidence of incest in Indonesia is notably high. If left unchecked, incest poses a threat to religious teachings and societal resilience. The objective of this research is to conduct an in-depth and critical analysis, using the perspective of maqashid sharia, of the incest phenomenon, its societal impacts, and the role of religious leaders in preventing non-marital incestuous relationships in Tanjung Village, Banyumas Regency. This research is a normative juridical legal study. The data sources used are primary data obtained through field studies and interviews with one figure each from Muhammadiyah, NU, and LDII. Secondary data were obtained through library research of various relevant literature. The collected data were then analyzed using the concept of maqashid sharia. The findings reveal that the role of religious leaders from Muhammadiyah, NU, and LDII in Tanjung Village, Banyumas Regency, is highly strategic in preventing incest. The moral guidance delivered through religious outreach aligns with the objectives of maqashid sharia, preservation of faith, life, intellect, property, and lineage. Incest, whether committed outside or within marriage, contradicts maqashid sharia, as it causes more harm than benefit.
Reassessing Affirmative Action for Women’s Representation After the Revote in Gorontalo Ahmad, Muhammad Basyir; Wijayanti, Septi Nur; Rahmah, Jihan Kamila
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.442

Abstract

This study examines the effectiveness of affirmative action policies for women's representation following the Revote in the 2024 General Election in Electoral District 6, Gorontalo. The study is motivated by several political parties' failure to meet the minimum 30% quota for women candidates and the alleged inconsistency of the General Election Commission's actions with Supreme Court Decision Number 24 P/HUM/2023, which subsequently contributed to the Constitutional Court's order for a Revote through Decision Number 125-01-08-29/PHPU.DPR-DPRD-XXII/2024. This study aims to analyze the implementation of affirmative action policies and assess whether the Revote effectively increased women's representation. Using normative legal research with statutory and case approaches, the study finds that the implementation of affirmative action in Electoral District 6, Gorontalo, encountered technical and administrative obstacles, prompting the Constitutional Court to order a Revote and provide political parties with an opportunity to improve their candidate lists to meet the 30% quota. Procedurally and administratively, the Revote increased the number of female candidates from 44 to 48. However, it had a limited substantive impact on women's political representation, with only two women elected to the 11 available seats in the Regional House of Representatives. These findings demonstrate that affirmative action remains largely an administrative requirement and has yet to be supported by effective political strategies capable of strengthening women's electoral competitiveness and representation.
Fully Autonomous Ships under COLREGs 1972: Decision-Making Legal Liability Janeke Kusherawati
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.498

Abstract

The development of fully autonomous ships challenges collision-avoidance rules that were drafted on the assumption that navigational judgment would be exercised by a master and crew. This article examines, first, whether artificial intelligence-based navigation can satisfy the open-textured standards in Rules 2,5,7, and 8 of the Convention on the International Regulation for Preventing Collisions at Sea 1972 (COLREGs), and, second, how legal liability should be attributed when an autonomous system generates the relevant decision. The study employs normative legal research using statutory, conceptual, and systematic approaches to COLREGs, the United Nations Convention on the Law of the Sea. It finds that autonomous systems can reproduce the formal sequence of lookout, risk assessment, and collision-avoidance action, but cannot automatically satisfy the contextual judgment embedded in good seamanship, special circumstances, and timely action. The MASS Code reduces this difficulty through operational envelopes, risk assessment, human oversight, override capability, traceability, and data logging. However, it preserves a gap between the system that factually produces a decision and the human or corporate actor to whom legal responsibility is assigned. Accordingly, the article argues that legal responsibility for fully autonomous ships should be assessed through five interconnected lenses: control over the autonomous function, organizational responsibility, technological causation, flag-State oversight, and insurance and risk-distribution mechanisms. These lenses provide a contextual framework for allocating responsibility according to the actor's legal duty, degree of control, causal contribution, and capacity to prevent or mitigate harm.
Shaping the Boundaries of Human Gene Editing: CRISPR-Cas9 Analysis under Islamic and Indonesian Law Kinanthya Anugrahing Gusti; Astika Nurul Hidayah
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.499

Abstract

The development of CRISPR-Cas9 technology offers therapeutic potential while raising legal and ethical concerns regarding safety, human protection, and intergenerational effects. This study examines the legal status and limitations of human gene editing using CRISPR-Cas9 under Indonesian national and Islamic law. This normative legal research employs statutory and conceptual approaches with descriptive-qualitative analysis. The findings indicate that CRISPR-Cas9 cannot be categorically classified as permissible or prohibited under Islamic law, as its status depends on purpose, medical necessity, safety, efficacy, and consequences. Therapeutic applications for serious genetic diseases may be justified on a limited basis under strict conditions, whereas non-therapeutic enhancement and heritable germline interventions require stringent restrictions due to potential mafsadah and intergenerational harm. Under Indonesian law, the absence of specific regulation creates legal uncertainty concerning licensing, ethical oversight, and liability. Therefore, a risk-based regulatory framework distinguishing therapeutic and non-therapeutic applications and strengthening ethical oversight is required.
Orders from Police Superiors to Subordinates to Give False Testimony Under Islamic Criminal Law Deryasa; Arif Faizal, Enceng; Kholid, Muhamad
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.502

Abstract

False testimony resulting from orders orders given by superiors to subordinates within the police force raises complex legal issues, particularly regarding criminal liability for the superior who issued the order and the subordinate who carried it out. The case of Brigadier J indicates the presence of inconsistent witness testimony, although it was not explicitly ordered by Ferdy Sambo as the superior. This study employs a normative legal approach with a conceptual framework, drawing on the Qur’an, hadith, classical and contemporary fiqh texts, and supported by scholarly articles as secondary legal sources, which were collected through a literature review and analyzed comprehensively. The results of the study indicate that Sambo was the principal perpetrator in the premeditated murder of Brigadier J and can therefore be held fully criminally liable for his role as the mastermind of the murder, for devising a false scenario, and for abusing his authority. The principal perpetrator was aided by accomplices such as Bharada E, Putri Candrawathi, Ricky R, and Kuat Ma’ruf, all of whom were sentenced to takzir. This study can contribute to the development of contemporary Islamic criminal law scholarship and serve as an academic reference for internal police policies aimed at limiting acts of loyaltyt.
Zakat on Pledged Assets: Qaulī Construction, Maqāṣid al-Sharī‘ah, and the Relevance Paradox in Contemporary Rahn Practices Fatah, Abdul; Wahyuni, Serly Firda; Riskanda, Yilda; Azizah, Risma Imroathul
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.510

Abstract

This study critically analyzes the legal framework of Indonesian Ulema Council Fatwa No. 67 of 2022 regarding zakat on pledged goods, focusing on the qaulī construction, the maqāṣid al-sharī‘ah orientation, and its contextual relevance. Employing a normative legal methodology with a socio-economic contextual analysis, this study utilizes primary legal sources such as the Qur’an, hadith, and classical fiqh texts (al-Majmu’ and Kasysyaf al-Qina’) alongside secondary empirical data derived from previous studies on Islamic pawnbroking. The findings indicate that the fatwa was formulated primarily through a qaulī approach, referencing the opinions of Imam Nawawi and Manshur al-Buhutiy, which assert that a rahn contract does not extinguish full legal ownership (milk al-tām), thereby maintaining the zakat obligation on the pledgor (rahin). While the fatwa effectively secures the continuity of zakat distribution for recipients (mustahik), drawing on secondary empirical literature reveals that pledgors frequently utilize rahn as a survival strategy under financial strain. To capture this tension, this study explicitly defines the relevance paradox as an analytical concept denoting the structural contradiction between a ruling's flawless normative legitimacy treating the pledgor as a capable zakat payer based on formal ownership, and the empirical reality where pledgors face economic vulnerability and liquidity constraints. Consequently, this study argues that contemporary fatwa formulation must integrate normative legal certainty, maqāṣid al-sharī‘ah, and empirical socio-economic considerations to ensure that Islamic law remains responsive to modern societal dynamics.

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