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ILJS
Published by Universitas Pangeran Diponegoro Nganjuk
ISSN : -     EISSN : 27467511     DOI : 10.53429
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Law is a scientific journal that contains original works of experts in the field of Islamic law that have not been published in the form of articles regarding empirical research and problematic conceptual ideas of law, politics, and Islam through an interdisciplinary, multidisciplinary, transdisciplinary, and cross-disciplinary approach. This journal is published twice a year in March and September in print and online. Islamic Law was published by Lembaga Penelitian (Lemlit) Universitas Pangeran Diponegoro Nganjuk, Jawa Timur
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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Analisis Proses Legislasi Undang-Undang Republik Indonesia Nomor 3 Tahun 2022 Tentang Ibu Kota Negara Perspektif Maslahah Mursalah Ulfa Lailatul Fitria, Dewi; Rochim, Fathur
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i1.1446

Abstract

This study analyzes the legislative process of the Republic of Indonesia Law Number 3 of 2022 concerning the State Capital (IKN) from the perspective of maslahah mursalah. Maslahah mursalah is a concept in Islamic law referring to public interest not explicitly mentioned in sacred texts but considered essential for societal welfare. The study evaluates whether the legislative process of the IKN Law has considered the principles of maslahah mursalah, including public participation, transparency, and social justice. The analysis reveals that although the objective of relocating the capital to alleviate Jakarta's burden and promote equitable development aligns with the concept of maslahah, the legislative process of the IKN Law was perceived as hasty and lacked optimal public participation. This raises questions about the extent to which the principles of maslahah mursalah were applied in the legislative process.
Diferensiasi Tugas Pokok dan Fungsi Lembaga Perwakilan Bikameral dalam Konteks Keadilan Myaskur; Wahyudiono, Tri
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

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

Abstract

This study analyzes the differentiation of main duties and functions of bicameral representative institutions in the context of justice in Indonesia. Indonesia's legislative system comprises the House of Representatives (DPR) and the Regional Representative Council (DPD), each with distinct roles and authorities. The DPR holds legislative, budgeting, and oversight functions, while the DPD is involved in proposing and discussing bills related to regional autonomy, central-regional relations, and natural resource management. However, the DPD's role is often perceived as less effective in the legislative function. This study employs a normative approach with descriptive analysis to evaluate the balance of roles between these two institutions in achieving representative justice. The findings indicate the need to strengthen the DPD's functions to create a more equitable and balanced representation system in the national legislative process.
Kedudukan Menteri Triumvirat dalam Mengisi Kekosongan Jabatan Presiden di Indonesia dalam Perspektif Siyasah Syar’iyyah Maryam, Siti; Umami, Hafidhul; Huda, Avivul
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i1.1449

Abstract

This study analyzes the position of the Triumvirate Ministers in filling the vacancy of the President's office in Indonesia from the perspective of Siyasah Syar'iyyah. The Triumvirate Ministers, consisting of the Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of Defense, play a crucial role as interim presidential executors when simultaneous vacancies of the President and Vice President occur, as stipulated in Article 8 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. From the perspective of Siyasah Syar'iyyah, this mechanism aligns with the concept of temporary leadership to prevent harm due to power vacuums. Imam Al-Mawardi emphasizes the importance of promptly filling leadership vacancies to maintain stability and the welfare of the ummah. This research employs a normative juridical method with statutory, historical, and comparative approaches. The findings indicate that the position of the Triumvirate Ministers as interim presidential executors has a strong foundation both in Indonesia's positive law and in the concept of Siyasah Syar'iyyah, thereby preventing harm due to power vacuums.
Kewenangan Komisi Yudisial (Studi Perbandingan Komisi Yudisial Republik Indonesia dan Consiglio Superiore Della Magistratura, Italia) Nur Isjayanto, Farid; Setivia Bakti, Nurimansyah
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i1.1450

Abstract

This study examines the comparison of authority between the Judicial Commission of the Republic of Indonesia (KY) and the Consiglio Superiore della Magistratura (CSM) of Italy in maintaining judicial independence and accountability. KY is primarily responsible for overseeing the ethics and conduct of judges and proposing the appointment of Supreme Court justices. However, its authority is limited, as the final decision regarding disciplinary sanctions against judges remains with the Supreme Court. In contrast, the CSM of Italy holds broader powers, including the appointment, promotion, transfer, and disciplinary actions of judges, making it more effective in ensuring an independent and accountable judiciary. This study employs normative legal research with a comparative approach, analyzing primary data in the form of legislation and court decisions, as well as secondary data from legal literature and journals. The findings indicate that the CSM system is more effective in safeguarding judicial independence and accountability than KY Indonesia. Therefore, Indonesia can learn from the CSM's practices to strengthen KY's role and authority in enhancing the integrity and independence of the judiciary in Indonesia.
Pembubaran Organisasi Kemasyarakatan Hizbut Tahrir Indonesia Perspektif Fiqh Siyasah Dusturiyah Ubaidillah, Nizam; Syalafiyah, Nurul
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v10i1.1451

Abstract

The dissolution of the mass organization Hizbut Tahrir Indonesia (HTI) by the Indonesian government in 2017 has generated significant discourse concerning its legal foundations and implications from the perspective of Fiqh Siyasah Dusturiyah (Islamic Constitutional Jurisprudence). This decision was enacted through Government Regulation in Lieu of Law (Perppu) Number 2 of 2017, which amended Law Number 17 of 2013 on Community Organizations. The government justified this action by asserting that HTI's activities were incompatible with the principles of Pancasila and the 1945 Constitution, and posed a potential threat to the unity and integrity of the Unitary State of the Republic of Indonesia (NKRI). From the lens of Fiqh Siyasah Dusturiyah, this measure can be interpreted as an initiative to safeguard public welfare (maslahah) and prevent harm (dar’u al-mafasid), aligning with Islamic political principles that emphasize the importance of national stability and security. Nevertheless, the dissolution has also ignited debates surrounding the protection of fundamental rights, particularly freedom of association and expression, within the framework of a democratic state governed by the rule of law. This tension highlights the complex interplay between state authority, constitutional principles, and the protection of civil liberties in a pluralistic society.
Analisis Hukum Islam dalam Pelaksanaan Bimbingan Perkawinan Sebagai Upaya Mempersiapkan Keluarga Sakinah Septi Khoirunnisa; Suprihatin; Musyaffa Amin Ash Shabah
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.1874

Abstract

This research is motivated by the importance of marriage guidance conducted by the KUA (Religious Affairs Office) in each region, especially the West Bekasi KUA. The purpose of this study is to determine how the implementation of marriage guidance in the West Bekasi KUA is reviewed from the concept of Islamic law, which is a form of effort to prepare a sakinah, mawaddah, wa rahmah family. The research method used is descriptive qualitative by conducting interviews with the head and staff of the West Bekasi KUA, then the data is analyzed. The results of the study indicate that the implementation of marriage guidance conducted in the West Bekasi KUA is in accordance with the principles of Islamic law and applicable laws stipulated in the Decree of the Director General of Islamic Community Guidance No. 172 of 2022 concerning technical and operational guidelines for marriage guidance. This can be seen from the implementation of marriage guidance which includes the person in charge of implementing guidance, materials, speakers, methods, types of guidance and the nature of the implementation of guidance. Therefore, the implementation of marriage guidance supports in preparing a sakinah family, which in its material contains various aspects including spiritual, emotional, social, economic, and health aspects.
Pengaruh Siyasah Syar'iyyah pada Tingkat Kepatuhan Hukum Pidana Azwarfajri
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2317

Abstract

The relationship between Islamic public policy (siyasah syar'iyyah) and the level of compliance with criminal law is a crucial issue in the study of Islamic criminal law (jinayah). Siyasah syar'iyyah, as a doctrine that authorizes rulers to formulate policies within the framework of shariah, has significant potential to influence how communities respond to and comply with criminal provisions. This article aims to analyze the influence of siyasah syar'iyyah on the level of public compliance with criminal law. Using a normative-juridical research method with a conceptual and statutory approach, this study finds that siyasah syar'iyyah influences criminal law compliance through several mechanisms: the formulation of ta'zir policies that are responsive to social dynamics, the integration of maqasid al-shariah values that strengthen the moral legitimacy of criminal norms, and the discretionary authority of judges in determining proportionate punishments. The study concludes that the effective implementation of siyasah syar'iyyah principles can enhance public compliance by creating a sense of justice and relevance, although it requires institutional safeguards to prevent arbitrary exercise of power.
Optimalisasi Dana Desa: Studi Efektivitas Peraturan Keuangan 2025 dalam Perspektif Siyasah Maliyah Habibi
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2318

Abstract

This research aims to analyze the effectiveness of the 2025 Financial Regulations in optimizing village fund management and review it from a siyasah maliyah perspective. Using qualitative methods with a juridical-normative approach and field studies in several sample villages, this research found that although the 2025 Financial Regulations bring administrative improvements to the sector, its implementation still faces structural and cultural obstacles. From the perspective of siyasah maliyah, the principles of justice, transparency and benefit have not been fully realized in village fund management practices. This research recommends strengthening the capacity of village officials and integrating siyasah maliyah values in technical regulations
Korelasi antara Implementasi E-Government dan Tingkat Partisipasi Masyarakat dalam Pengawasan Publik di Daerah Haidar Adam
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2319

Abstract

The implementation of e-government in local governments in Indonesia is not only aimed at improving bureaucratic efficiency and public service quality but also at encouraging community participation in public oversight. However, the correlation between the maturity level of e-government implementation and the level of community participation in oversight functions has not been extensively studied empirically. This article aims to analyze the correlation between the implementation of e-government and the level of community participation in public oversight at the local level. Using a normative-empirical legal research method with a statutory and socio-legal approach, this study finds that the correlation is not automatically linear. The success of e-government in encouraging oversight participation is highly dependent on several intervening variables, including digital literacy levels, the quality of public information disclosure, the responsiveness of local governments to feedback, and inclusive technology accessibility. The study concludes that to strengthen this correlation, local governments need to develop e-government not only as an administrative tool but also as a genuine participatory platform that is accessible, responsive, and supported by strong regulations regarding public information disclosure.
Tipologi Fatwa Kontemporer Dalam Hukum Islam Nurkhalis Muchtar
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2325

Abstract

Fatwa is the process of providing answers to problems that arise or questions that emerge. The need of the Muslim community for fatwas has been felt since the early development of Islam. In Islam, fatwa holds a high position, so not everyone is allowed to issue a fatwa. A fatwa originating from someone who is not an expert will cause fatal errors in society. Islamic scholars have written their thoughts on the procedures of issuing fatwas in many works. However, as far as the reading goes, no work has been found that examines the typology of contemporary scholars' fatwas, especially through their written works in Islamic law. On the other hand, there is also the emergence of inappropriate paradigms in issuing fatwas; some are very rigid and textual, while on the other hand, some are too detached from the discourse of fatwa studies. This research uses a descriptive qualitative method on library data findings, with a library research and content analysis approach. It can be concluded that contemporary scholars have different typologies in issuing fatwas. This research also reveals that there are many contemporary and classical fatwa books that have different styles and typologies of fatwas. By understanding the typology of fatwas, it is expected to be a way to understand the existing differences in fatwas, so that stability and peace in diversity and mutual respect can be created, thereby realizing a conducive climate and atmosphere.

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