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Al-Wasathiyah: Journal of Islamic Studies
Published by Ikatan Dai Indonesia
ISSN : -     EISSN : 2962231X     DOI : 10.56672
Core Subject : Religion, Education, Social,
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
Al-Wasathiyah: Journal of Islamic Studies is a scientific journal published by Ikatan Dai Indonesia (IKADI) in collaboration with Intelectual Association for Islamic Studies (IAFORIS) . This journal contains scientific papers from academics, researchers and practitioners in Islamic studies, law, politics, dakwah, communication, cultures, history, and Islamic literacy, and others related issues. Published twice in a year severy July and January.
Arjuna Subject : Ilmu Sosial - Antropologi
Articles 69 Documents
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Peran Aswaja NU Center dalam pengembangan Moderasi Beragama di Tasikmalaya Anwar Taufik Rakhmat; Acep Zoni Saeful Mubarok; Ari Farizal Rasyid; Ceceng Saepulmilah
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

This study aims to analyze the role of Aswaja NU Center in Tasikmalaya Regency in developing and disseminating understanding of religious moderation amid the dynamics of community religious life. This research employs a descriptive qualitative approach with data collection techniques through in-depth interviews, participatory observation, and documentation study. Research informants include Aswaja NU Center administrators, community leaders, and general public in Tasikmalaya Regency. Data analysis was conducted inductively with source triangulation to ensure validity of findings. Aswaja NU Center Tasikmalaya Regency performs strategic roles through three main approaches: (1) Education and socialization of moderate Ahlusunah Waljama'ah values through Islamic studies, seminars, and training; (2) Development of comprehensive religious literacy by integrating textual and contextual understanding of Islamic teachings; (3) Community empowerment in building tolerance and interfaith harmony. The condition of Tasikmalaya society shows increased religious awareness, but still limited to exoteric aspects with understanding that tends to be partial and exclusive. Aswaja NU Center plays a significant role in strengthening moderate, comprehensive, and contextual Islamic understanding as an effort to counter extremist views. The developed religious moderation emphasizes not only understanding religious texts, but also socio-cultural contexts, resulting in integrative religious attitudes and realizing Islam rahmatan lil'alamin (mercy for all worlds). This research provides practical contributions for religious institutions in designing effective and sustainable strategies for developing religious moderation.
Hukum Relokasi Bangunan Masjid ke Atas Tanah Kuburan: Analisis Fikih Islam, Fatwa Kontemporer dan Relevansinya dengan Hukum Positif Indonesia Febriyani Febriyani; Husna Karimah; Marhadi Muhayar
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

This study examines the legal status of mosque relocation onto former cemetery land through a comparative analysis of the views of the four Sunni schools of Islamic jurisprudence, contemporary religious fatwas, and Indonesian positive law. The study is motivated by the growing need to relocate or construct mosques on land previously used as burial grounds, which raises legal issues concerning respect for the deceased, the status of waqf property, and the prohibition of turning graves into places of worship. This research employs a normative legal method using comparative fiqh (muqāranah al-madhāhib), fatwa analysis, and a statutory approach. The findings indicate that the majority of scholars from the four madhhabs prohibit or regard as reprehensible the construction of mosques over graves due to the potential for grave veneration and the violation of the sanctity of places of worship. The Hanafi, Maliki, and Shafi‘i schools emphasize preventing excessive reverence toward graves, while the Hanbali school permits the use of former cemetery land after the remains have been relocated in accordance with Islamic law. The Indonesian Council of Ulama (MUI) allows relocation through the mechanism of waqf substitution (istibdal) for the sake of public benefit, whereas Dar al-Ifta’ of Egypt and the Saudi Permanent Committee (Lajnah Dā’imah) adopt different approaches regarding the presence of graves within mosque premises. This study concludes that mosque relocation to former cemetery land may be permissible provided that the graves are relocated according to Islamic legal requirements, the legal status of the land is properly resolved, and greater public benefit can be achieved.
Pertanggungjawaban Pidana Terhadap Penyalahgunaan Kecerdasan Buatan (Artificial Intelligence) dalam Tindak Kejahatan Digital di Indonesia Yoel Bessoran
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

This study analyzes the phenomenon of artificial intelligence based digital crime in Indonesia during the period 2023 to 2026, with a focus on deepfake, voice cloning, digital fraud, and the misuse of autonomous algorithms. The study employs a normative juridical approach combined with empirical case analysis to evaluate criminal liability mechanisms, challenges in legal implementation, as well as the roles of corporations and end users in the dissemination of harmful digital content. The results show that artificial intelligence functions as a mediator of complex crimes, therefore existing regulations, including the Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law, are not yet adequate to effectively enforce criminal liability. The phenomena of non consensual deepfake, voice phishing, and image manipulation create legal gaps that require regulatory reform and adaptive models of legal responsibility. This study emphasizes the importance of combining individual and corporate liability, the application of risk based liability and vicarious liability principles, as well as internal supervision and risk mitigation among AI platform developers. In addition, cross institutional coordination, integration of digital forensic technology, and public education are key to successful investigation and law enforcement. These findings provide implications for national policy reform, strengthening corporate ethical standards, and strategies to prevent the misuse of artificial intelligence, while also highlighting the urgency of adapting legal frameworks to continuously evolving digital technologies. Therefore, this study contributes to the development of a more comprehensive legal and policy framework to address artificial intelligence based digital crime in Indonesia.
Penegakan Hukum Pidana Terhadap Pelanggaran Hak Cipta di Era Digital Berdasarkan Undang-Undang Hak Cipta di Indonesia Rahman Zulkarnaen
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

The development of digital technology has brought a significant impact on the increase of copyright infringement in Indonesia. This study aims to analyze criminal law enforcement against copyright violations in the digital era and to identify the challenges faced in its implementation. The research method used is normative juridical with a statutory approach and a conceptual approach, supported by a literature study from various primary and secondary legal sources. The results show that forms of copyright infringement in the digital era are increasingly diverse, including digital piracy, re uploading content without permission, illegal distribution through digital platforms, as well as the misuse of technologies such as artificial intelligence and deepfake. Although Law Number 28 of 2014 concerning Copyright has explicitly regulated criminal sanctions, the effectiveness of law enforcement still faces various obstacles, such as difficulties in digital evidence, the anonymity of perpetrators, and jurisdictional limitations due to the cross border nature of the internet. In addition, the low level of public legal awareness further exacerbates the situation. Therefore, adaptive regulatory reform, strengthened cross sector collaboration, and increased public legal literacy are required to support more effective law enforcement. This study is expected to contribute to the development of legal policies related to copyright protection in the digital era.
Analisis Yuridis Terhadap Alih Fungsi Lahan Pertanian Ke Non-Pertanian dalam Perspektif Perlindungan Lahan Pangan Berkelanjutan Ryan Sindhu Pratama
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

The conversion of agricultural land into non-agricultural land in Indonesia has increased significantly over the past five years, affecting food security, the environment, and socio-economic sustainability. This study aims to analyze the juridical aspects of such land conversion, evaluate the effectiveness of national and regional regulations, and review Supreme Court decisions related to disputes over the conversion of agricultural land. The research method employs a normative juridical approach through literature study, analysis of current legislation including Law No. 11 of 2020 on Job Creation, the Basic Agrarian Law, and relevant ministerial regulations, as well as recent court decisions. The results show that although regulations exist to protect sustainable food agricultural land, there are still legal gaps that allow uncontrolled land conversion. Law enforcement and supervision of regulatory implementation remain weak, therefore stronger policy integration and stricter enforcement of legal sanctions are required. This study provides recommendations to strengthen the protection of sustainable food agricultural land through technology-based monitoring, harmonization of national and regional regulations, and public education on the importance of preserving agricultural land.
Peran Pemerintah dalam Regulasi dan Pengawasan Kriptokurensi di Indonesia Sebagai Upaya Menjaga Stabilitas Ekonomi Digital Steven Bredabu
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

The development of cryptocurrency as part of digital financial assets has brought significant changes to the economic system, including in Indonesia. The increase in the number of investors and the value of crypto transactions indicates its growing importance in the digital economy. However, the volatile and decentralized nature of cryptocurrencies poses challenges for the government in maintaining economic stability and protecting the public. This study aims to analyze the role of the government in the regulation and supervision of cryptocurrencies in Indonesia. The method used is a normative juridical approach by examining statutory regulations and the latest policies related to digital financial assets. The results show that the government has strengthened regulation through the transfer of crypto supervision to the Financial Services Authority (Otoritas Jasa Keuangan, OJK) since 2025, as well as the issuance of Financial Services Authority Regulation Number 23 of 2025. This policy marks the recognition of crypto as a digital financial asset within the national financial system and strengthens the integration of financial sector supervision in a more comprehensive manner. Nevertheless, challenges remain, such as regulatory gaps, the risk of money laundering, low public literacy, and the potential misuse of digital technology. Therefore, adaptive policies, effective supervision, and continuous public education are required to maintain the stability of the national digital economy amid the rapid development of financial technology.
Analisis Yuridis Terhadap Perjanjian Waralaba (Franchise) dalam Perspektif Keadilan Kontraktual di Indonesia Daniela Rica Bairam
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/595

Abstract

A franchise agreement is a form of contractual legal relationship that is strategically significant in the development of businesses in Indonesia, particularly in the retail, service, and food and beverage sectors. This relationship binds the franchisor and franchisee in managing interrelated rights and obligations. Although the number of franchise businesses has increased significantly, the practice of standard agreements unilaterally drafted by franchisors often creates contractual injustice, where franchisees have weaker bargaining positions. This phenomenon is further exacerbated by the lack of harmony between the older regulation, Government Regulation No. 42 of 2007, and newer regulations, namely Government Regulation No. 35 of 2024 on Franchising and Government Regulation No. 28 of 2025 on risk-based licensing, which introduce more detailed mechanisms of supervision and legal protection but still pose implementation challenges in practice. This study employs a normative juridical approach through analysis of statutory regulations, recent legal literature, and franchise contract documents as data sources. The analysis focuses on the principles of contractual justice, the balance of rights and obligations of the parties, and the effectiveness of the latest regulations in protecting franchisees from unfair contractual practices. The results indicate that although the new regulations clarify the rights and obligations of franchisors and franchisees, as well as procedures for termination and compensation, contractual imbalances still occur, particularly in SME franchise businesses. Therefore, strengthening legal literacy among franchise actors, increasing contract transparency, and active government supervision are strategic solutions to achieve effective contractual justice.
Model Pembiayaan Pendidikan Islam Berlapis Melalui Integrasi ZIS dan Wakaf Produktif Fadhli Arsil; Ahmad Suryadi; Kosasih Ali Abu Bakar; Nasuhi Nasuhi
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/601

Abstract

This study aims to reconstruct a sustainable financing model for Islamic educational institutions through the integration of zakat, infaq, sadaqah, and productive waqf. This study is motivated by limited educational financing, Islamic educational institutions’ dependence on routine funding sources, and the substantial potential of ZIS and waqf that has not yet been fully managed in a productive and strategic manner. The study employed a Systematic Integrative Literature Review approach by examining peer-reviewed journal articles published between 2020 and 2026, along with contextual sources from official institutions. The analysis was conducted through descriptive mapping, thematic synthesis, and conceptual model reconstruction. The findings reveal that ZIS and waqf possess different characteristics, functions, and financing horizons, yet they can be strategically integrated without combining their respective contracts and designated purposes. ZIS primarily serves as protective financing to expand educational access and safeguard vulnerable students, while productive waqf functions to establish long-term financing sources through assets, endowment funds, business units, and Sharia-compliant investments. This study proposes a Layered Islamic Education Financing Model consisting of protective financing, developmental financing, and productive financing. These three layers are supported by Sharia compliance, professionalism, transparency, accountability, digitalization, risk management, stakeholder collaboration, and impact measurement. The findings affirm that the financial independence of Islamic educational institutions is determined not merely by the amount of available funding, but also by an integrated, productive, and strategically governed financing system oriented toward educational access, quality, and institutional sustainability.
Onani-Masturbasi Perspektif Fikih dan Kesehatan: Analisis Hukum Islam Terhadap Fenomena Masturbasi Digital di Era Kontemporer Anto Apriyanto; Febriyani
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/yabdw845

Abstract

Masturbation (istimnā') has become increasingly relevant in the digital era due to the widespread availability of pornography, the emergence of Pornography, Masturbation, and Orgasm (PMO), and the use of Video Call Sex (VCS) among couples in Long Distance Marriages (LDM). This study examines the legal status of masturbation according to the four Sunni schools of Islamic jurisprudence and contemporary scholars, its medical implications, and the phenomena of PMO and VCS through the framework of maqāṣid al-sharī‘ah. This qualitative normative library research employs content analysis of the Qur'an, Hadith, classical juristic works, fatwas, and medical and psychological literature. The findings indicate that masturbation is fundamentally prohibited according to the four schools, although some scholars allow it as a legal concession to prevent adultery under exceptional circumstances. Medically, masturbation is not inherently harmful when practiced moderately, but excessive behavior associated with pornography may cause addiction and psychological disorders. Applying maqāṣid al-sharī‘ah offers a contextual Islamic legal framework for addressing contemporary sexual issues in the digital age.

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