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Jurnal Ilmu Hukum
Published by Institut Agama Islam Hasanuddin Pare Kediri
ISSN : -     EISSN : 29641209     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Scientific journal in the field of Law and syariah law, Islamic Institute of Hasanuddin Pare which aims to contribute to the world of education, especially in the world of Law in the realm of Positive Law and Islamic Family Law. In addition, this journal also aims to minimize the practice of plagiarism that develops in the world of science. The journal is published twice a year. Editors accept articles that meet scientific standards and book reviews that match the journals theme. The editor has the right to edit without changing the content and intent of the writing
Arjuna Subject : Ilmu Sosial - Hukum
Articles 22 Documents
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PERALIHAN WALI NASAB KEPADA WALI HAKIM DALAM PERNIKAHAN PERSPEKTIF HUKUM ISLAM (Studi di Kantor Urusan Agama Kecamatan Pare Kabupaten Kediri) Nurjani Mutiara Pattiasina; Arianto
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

Article 19 of the Compilation of Islamic Law (KHI) indeed emphasizes that a marriage guardian is one of the pillars in the implementation of a marriage contract. In marriage, the existence of a guardian is a requirement that must be met so that the marriage is considered valid according to Islamic law and also the positive law in force in Indonesia. In Islamic law, a woman is not allowed to marry herself, so the existence of a guardian is one of the pillars of marriage that must be met so that the marriage is valid. The guardian has an important role in marrying the bride, representing the family, and ensuring that the marriage is in accordance with sharia. Marriage guardians are divided into two types, namely lineage guardians and judge guardians. This study uses a field research method by collecting data through observation and interviews at the KUA, Pare District. The approach used is normative juridical, which refers to applicable legal norms, with qualitative analysis using the inductive method to draw conclusions from the data collected. The results of this study conclude that the transfer of lineage guardians to judge guardians in marriages at the Pare KUA in 2020-2024 was caused by several main factors, namely guardians of different religions (the parents of the prospective bride are not Muslim), mafqud guardians (whereabouts unknown), running out of lineage guardians, and adhal guardians (guardians who refuse or are rebellious). From an Islamic law perspective, the implementation of marriages with judge guardians at the Pare KUA during this period was declared valid, because it was in accordance with the principles of Islamic law and complied with the Regulation of the Minister of Religion Number 20 of 2019 Article 13, which stipulates that in the absence of lineage guardians, the marriage contract can be carried out with a judge guardian.
IMPLEMENTASI KODE ETIK MAHASISWA TERHADAP KEGIATAN BELAJAR PERSPEKTIF HUKUM ISLAM DI IAI HASANUDDIN PARE Fachrodin
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

The student code of ethics plays an important role in maintaining student integrity and behavior in the academic process. At IAI Hasanuddin Pare, the student code of ethics is designed to support the creation of a conducive learning environment and motivate students to behave in accordance with academic norms. This article discusses the implementation of this code of ethics in teaching and learning activities at IAI Hasanuddin Pare, starting from applicable regulations, implementation in the field, to its impact on academic quality and student character development. Through a qualitative method with a case study approach, this research provides an overview of how the student code of ethics is practiced and integrated in the learning process. This research aims to analyze the implementation of the student code of ethics towards learning activities at the Hasanuddin Pare Islamic Institute (IAI). The student code of ethics is a behavioral guide that is expected to shape students' attitudes and morals in daily academic activities. This study uses a qualitative approach with a case study method, collecting data through interviews, observation and document analysis. The research results show that the student code of ethics at IAI Hasanuddin Pare is applied consistently in teaching and learning activities, although several challenges are still found, such as a lack of understanding by some students regarding the importance of the code of ethics and a lack of strict sanctions for violations. Apart from that, the implementation of the code of ethics has a positive impact on improving the quality of learning. Students who comply with a code of ethics tend to show higher discipline, responsibility and motivation in learning. As a result, the learning environment becomes more conducive and encourages the development of student character, such as honesty, work ethics and respect for others. However, there are some views that the application of the code of ethics is sometimes considered too strict by students, especially regarding the use of technology in class. The conclusion of this research is that although there are still obstacles in implementing the student code of ethics at IAI Hasanuddin Pare, the positive impact on students' learning activities and character development is very significant. The campus is advised to continue to increase students' understanding of the importance of a code of ethics and strengthen rule enforcement mechanisms to make them more effective.
KEWAJIBAN ORANG TUA TERHADAP NAFKAH ANAK PASCA-BALIGH: TELAAH FIQH DAN RELEVANSINYA DI ERA MODERN Bagus Jamroji
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

This study examines parental obligations to provide financial support for children post-puberty from the perspective of Islamic jurisprudence (fiqh) and its relevance in the modern era. Using a descriptive-analytical approach based on literature review, the study analyzes Quranic verses, prophetic traditions, and interpretations from various Islamic schools of thought. The findings indicate that financial obligations do not automatically cease when a child reaches puberty, particularly if they are not yet financially independent. For example, the Shafi'i school considers the obligation valid until the child becomes mature and self-reliant, while the Hanafi school generally limits it to the age of puberty. In the modern context, socio-economic challenges such as extended education and delayed financial independence make post-puberty financial support highly relevant. The maqashid syariah framework, which emphasizes child welfare, strongly supports the flexibility of this obligation. Key challenges include low compliance levels, particularly among divorced parents, necessitating stronger policies and public awareness efforts. The study concludes that integrating legal, moral, and educational approaches can effectively support post-puberty financial obligations while fostering harmonious and empowered Muslim families in the modern era.
PANDANGAN FIKIH TERHADAP TRADISI NGEJOT DAN MEGIBUNG UMAT MUSLIM DAN HINDU DI BALI Liyana Rakhmawati
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

This paper aims to examine the interaction of tolerance between Muslims and Hindus in Bali through the Ngejot and Megibung traditions with a fiqh perspective. This tradition can be found in Muslim villages in Bali. Such as the Kepaon Islamic village, Denpasar City, Gelgel Islamic Village, Klungkung Regency, Saren Jawa Islamic Village, Karangasem Regency and other Muslim villages. For some Muslims, there are still those who reject this tradition carried out by Muslims. Because these two traditions are traditions of the Hindu community in Bali. The method and type of this research is library research by collecting books, journals, and research results that support the research theme, namely literature on the Ngejot tradition, Megibung and other practices of tolerance interaction in Bali which are then studied with Islamic law (fiqh). In fiqh literature, the tradition termed as ‘ada is divided into two kinds. First, the fasid tradition, which is a tradition that is inconsistent with and contrary to the provisions of Islamic law. Second, authentic traditions, namely traditions that are in harmony and do not conflict with the provisions of Islamic law. The Ngejot and Megibung traditions in the view of fiqh are authentic traditions.
HAK DAN KEWAJIBAN KONSUMEN DALAM ASURANSI PERSPEKTIF UNDANG-UNDANG PERLINDUNGAN KONSUMEN Daimul Hidayah
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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Abstract

Insurance is a form of agreement that provides financial protection to consumers against various risks that have been agreed upon in the policy. In the legal context in Indonesia, the relationship between consumers and insurance companies is regulated by the Consumer Protection Law (UUPK) which aims to provide legal protection, justice, and a balance of rights and obligations between the two parties. This article aims to analyze the rights and obligations of consumers in insurance agreements based on the UUPK, with a focus on potential violations that occur and legal protection efforts that can be made. This study uses a normative juridical method with a statutory approach and conceptual analysis. The data sources used are secondary data, in the form of literature reviews, legal documents, court decisions, and related regulations. The UUPK explains that consumers have the right to comfort, security, and safety in using products or services, including insurance. Consumers also have the right to obtain correct, clear, and honest information regarding the benefits, risks, and provisions of the insurance policy. On the other hand, consumers are obliged to pay premiums according to the agreement, provide accurate information regarding the object or subject of insurance, and comply with the provisions stated in the policy. However, the results of the analysis indicate that there are problems that often occur in insurance practices. Violations of consumer rights generally include a lack of transparency of information from insurance companies, unilateral rejection of claims that are not in accordance with the agreement, and the preparation of standard clauses that are detrimental to consumers. On the other hand, consumer non-compliance with obligations, such as negligence in paying premiums or hiding information, are also factors that trigger disputes. This article emphasizes the importance of the government's role in conducting stricter supervision of insurance practices to ensure compliance with the UUPK. Intensive education for the public regarding consumer rights and obligations is also very necessary to increase legal awareness and prevent conflicts. In addition, strict law enforcement through judicial institutions or the Consumer Dispute Resolution Agency (BPSK) must be implemented to provide maximum protection to consumers and create a transparent, fair, and responsible insurance industry climate.
METODOLOGI PEMIKIRAN HUKUM AL-SHA’RANI DAN KONTRIBUSINYA DALAM MENJAGA KERUKUNAN UMAT ISLAM M. Adib Hamzawi
Jurnal Ilmu Hukum Vol. 3 No. 1 (2024): TAHUN 2024
Publisher : Institut Agama Islam Hasanuddin Pare

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This study aims to explain and describe the legal thinking of al-Sha'rani in terms of maintaining harmony in the Muslim community. Abdul Wahhab al-Sha'rani (d.1565 AD) was one of the scholars from Egypt who was affiliated with the Shafi'i school of thought. He is known for his thoughts in the fields of fiqh and Sufism. Imam al-Sha'rani's thoughts appear to be inclusive, namely trying to harmonize various perspectives on Islamic law without leaving the depth of spirituality that is the hallmark of Sufism. His works discuss the importance of implementing sharia law within a deep spiritual framework. Al-Sha'rani combines aspects of fiqh law and the esoteric dimensions of Sufism in a balanced framework of thought. The results of the study, al-Sha'rani's methodology of thought is inclusive and reconciliatory, where he tries to balance between sharia and nature, between worldly and hereafter needs, and between aspects of external law and inner spirituality. In detail, al-Sya'rani's methodology of thought is classified into four main ideas. First, the division of various legal fatwas into two large poles, namely 'azimah and rukhsah or tasydid and takhfif which must be taken by Muslims according to their individual situations. This illustrates the flexibility in the application of sharia according to the conditions of each individual. Second, acceptance of all schools of thought and their variations in law. All views from various schools of thought are correct and valid as long as they are based on the text. No opinion is more correct than another, but the differences are only based on the social needs and physical conditions of the individual. This concept is important to prevent division among Muslims. Differences of opinion among scholars are a blessing and not a problem. The use of the metaphor of a large tree where each branch is an opinion of a scholar rooted in sharia aims to unite various views of fiqh in order to create harmony. Third, the integration of the physical dimension (sharia which is carried out outwardly based on fiqh) and the inner (the essence contained in the inner spirituality based on Sufism) in religion.
Akad AKAD JUAL BELI DI ERA MODERN PERSPEKTIF KAIDAH FIKH ( المعروف بين التجار كالمشروط بينهم Arianto
Jurnal Ilmu Hukum Vol. 3 No. 2 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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Penelitian ini membahas praktik akad jual beli di era modern dalam perspektif kaidah fikih المعروف بين التجار كالمشروط بينهم (kebiasaan di kalangan pedagang dianggap sebagai syarat yang disepakati). Di tengah perkembangan ekonomi dan perdagangan modern, berbagai bentuk transaksi dan mekanisme jual beli mengalami transformasi signifikan yang tidak selalu disebutkan secara eksplisit dalam akad. Penelitian ini bertujuan untuk mengkaji relevansi dan penerapan kaidah tersebut terhadap praktik jual beli kontemporer yang mengandalkan kesepahaman umum dan kebiasaan pelaku pasar. Dengan menggunakan pendekatan kualitatif normatif dan analisis terhadap literatur fikih klasik dan kontemporer, ditemukan bahwa kaidah ini memiliki posisi penting dalam memberikan legitimasi terhadap berbagai bentuk praktik bisnis yang tidak tercantum dalam akad tertulis, namun telah menjadi kebiasaan yang dikenal luas. Kaidah ini membantu menjembatani antara nash syar’i dengan realitas sosial ekonomi yang terus berkembang, sekaligus menjaga prinsip keadilan dan saling ridha dalam transaksi. Dengan demikian, pemahaman terhadap kaidah ini menjadi krusial bagi pelaku usaha muslim dalam menerapkan prinsip-prinsip syariah secara kontekstual dalam praktik jual beli modern.
Kajian Kitab Al-Ta’yin Fi Syarh Al-Arba’in Karya Al-Thufi (Kesetaraan Gender Pandangan Najm al-Dīn al-Ṭūfī) Ummi Halimatus Sa'diyah Kusnah Fiantika
Jurnal Ilmu Hukum Vol. 3 No. 2 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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Artikel ini membahas pemikiran hukum Islam Najm al-Dīn al-Ṭūfī sebagaimana termaktub dalam karyanya al-Ta’yin fi Sharh al-Arba’in, dengan fokus pada konsep maslahah mursalah sebagai dasar pembentukan hukum. Al-Ṭūfī secara tegas menyatakan bahwa kemaslahatan dapat dijadikan sumber hukum yang berdiri sendiri dan bahkan lebih diutamakan daripada nash dalam perkara sosial dan muamalah. Pandangan ini didasarkan pada syarah terhadap hadis “lā ḍarar wa lā ḍirār” yang menurut al-Ṭūfī merepresentasikan prinsip utama syariat dalam mewujudkan keadilan dan kemanusiaan. Melalui pendekatan ini, al-Ṭūfī memberikan kontribusi terhadap reformulasi hukum Islam yang lebih kontekstual, rasional, dan responsif terhadap kebutuhan zaman. Artikel ini juga menganalisis relevansi pemikiran al-Ṭūfī terhadap isu kesetaraan gender dalam hukum Islam, serta bagaimana konsep maslahat dapat dijadikan landasan ijtihad untuk menciptakan keadilan relasional antara laki-laki dan perempuan. metode kualitatif-normatif dan pendekatan tekstual terhadap karya al-Ṭūfī, penelitian ini menunjukkan bahwa pemikiran maslahat al-Ṭūfī tetap berakar pada maqāṣid al-syarīʿah dan memiliki relevansi praksis dalam wacana hukum Islam kontemporer. Kata kunci: Maqāṣid al-Syarīʿah, Hukum Islam Kontemporer, Keadilan Gender
PENGARUH PERCERAIAN TERHADAP TUMBUH KEMBANG ANAK DALAM KELUARGA (Studi Kasus Di Desa Tertek Dusun Jombangan Kecamatan Pare) Debi Defura; Awal Mukmin
Jurnal Ilmu Hukum Vol. 3 No. 2 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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This study discusses the Influence of Divorce on Child Development in Families that occurred in Tertek Hamlet, Jombangan Village, Pare District. The purpose of this study was to determine the influence of divorce on child development and how to overcome these impacts. With the aim of determining the various Influences of Divorce on Child Development in Families in Tertek Village, Jombangan Hamlet. The type of research used in this study is Field Research, which is an event of data in the field. The results of this study are: first, Divorce can have a significant impact on child development. Children who experience parental divorce tend to experience stress, confusion, and emotional changes that can affect their mental and social well-being. In addition, divorce can also affect the relationship between children and their parents, damage family stability, and affect children's daily lives in terms of the security, attention, and support they receive. Second, the methods used by parents to help children overcome the impact of divorce are by providing emotional support, open communication, and maintaining children's mental health. Emotional support from parents can help children feel heard, understood, and loved in the difficult situation of divorce. Open communication between parents and children is also important to allow children to express their feelings, understand the situation better, and feel more connected to their parents. In addition, maintaining children's mental health by paying attention to their psychological and emotional needs can help children cope with the psychological impact of divorce.
IMPLIKASI HUKUM ATAS PELANGGARAN HAK CIPTA TERHADAP KONTEN CREATOR DI SOSIAL MEDIA Danang Permadi; Hisam Asngari
Jurnal Ilmu Hukum Vol. 3 No. 2 (2025)
Publisher : Institut Agama Islam Hasanuddin Pare

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The digital era has given rise to a new profession: content creators, who utilize social media as a primary platform for their work. However, the ease of access and dissemination of information on social media also opens wide opportunities for copyright infringement. This study aims to examine in-depth the legal implications arising from copyright infringement of content creators' works on social media, as well as to analyze the effectiveness of existing legal protections. The research methods used were literature review and analysis of legislation, specifically Law Number 28 of 2014 concerning Copyright. The results indicate that copyright infringement of content creators is subject to criminal and civil penalties. However, law enforcement is often hampered by several factors, such as the difficulty of providing evidence, cross-border jurisdiction, and low public legal awareness. This study recommends the need for extensive legal education for the public and content creators, as well as optimizing the role of social media platforms in protecting their users' copyright. This will enable the creative industry ecosystem on social media to grow healthily and sustainably.

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