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YASIN AL ARIF
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INDONESIA
Indonesian Journal of Law and Syariah (IJLS)
Published by Foundation of Advanced Education
ISSN : 31093299     EISSN : 31091962     DOI : https://doi.org/10.58524/ijls.v1i2.43
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Law and Syariah (IJLS) is a peer-reviewed journal that is committed to the publication of scholarship in the Law and Syariah. It particularly focuses on the study of the Criminal Law, Constitutional Law, Islamic Constitutional Law, Islamic Family Law, Islamic Economic Law, Islamic Law, Civil Law, International Law, Agrarian Law, Criminal Procedural Law, Commercial Law, Civil Procedural Law, Adat Law, Environmental Law and Administrative Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah" : 5 Documents clear
Marriage Agreements in Indonesia: A Comparative Analysis of Civil Law and Islamic Law after the Constitutional Court Decision Saiin, Asrizal
Indonesian Journal of Law and Syariah Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijls.v1i2.43

Abstract

Marriage agreements play a strategic role in regulating the rights and obligations of spouses, particularly in relation to the ownership and management of property. This study aims to examine the differences in the regulation of prenuptial agreements under the Indonesian Civil Code (KUH Perdata) and the Compilation of Islamic Law (KHI), and to analyze the impact of the Constitutional Court Decision No. 69/PUU-XIII/2015 on the practice of marriage agreements in Indonesia. The research employs a normative juridical method using statutory and case study approaches, supported by literature reviews of relevant regulations, court rulings, and academic sources. The findings reveal that the Civil Code requires formal notarized agreements, while the KHI offers greater flexibility as long as the agreements align with sharia principles. The Constitutional Court’s decision broadens access to prenuptial arrangements but also brings administrative challenges and a lack of public awareness. This study highlights the importance of harmonizing national legal systems and religious norms to ensure fairer protection, particularly for women in marriage.
Organizing the Formation of the Presidential Cabinet in Indonesia: A Comparative Analysis with the United States, the Philippines, Argentina, and South Africa M. Yasin al Arif; Elif Yaren Çalkacı
Indonesian Journal of Law and Syariah Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijls.v1i2.45

Abstract

The formation of a cabinet is a central element in the presidential system for creating impactful governance that directly affects the effectiveness and efficiency of public policies. This study focuses on comparing the mechanisms and dynamics of cabinet formation in the United States, the Philippines, Argentina, and South Africa, as well as analysing its potential application in the Indonesian context. The research questions posed are: how are cabinets formed in the United States, the Philippines, Argentina, and South Africa, and how does this comparative analysis relate to the future structuring of the Indonesian cabinet? This study adopts a normative juridical research methodology. The approaches used include the statute approach, comparative approach, and conceptual approach, utilising secondary data comprising primary, secondary, and tertiary legal materials. The research findings conclude that various cabinet formation models in the United States, the Philippines, Argentina, and South Africa show significant variations in appointment mechanisms, accountability, transparency, and meritocracy. Despite differences in legal and political contexts, fundamental principles such as accountability and transparency are essentially the cornerstones of the cabinet formation systems of these nations. Through this study, suggestions for the future improvement of the Indonesian cabinet formation are proposed, such as the adoption of the American "Confirmation Hearing" model or the Philippine "Commission of Appointment", the South African Post-Appointment Oversight Mechanism, Maintaining Political Balance and Meritocracy, Making the Process More Participative, Strengthening Sustainability Policies, Coalition Transparency, and Periodic Audits and Evaluations.
Riba in Sharia Economic Law: A Bibliometric Study Mukti, Titania
Indonesian Journal of Law and Syariah Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijls.v1i2.46

Abstract

Riba in the view of sharia economic law is expressly prohibited in the Quran and Hadith. Explanations related to Riba and its practice in society require a comprehensive research study. This research aims to conduct bibliometric analysis to visualize articles related to Riba in sharia economic law, find out research trends related to riba, evaluate the impact of research, and identify research networks in order to help stakeholders in making decisions on the practice of muamalah to avoid usury. This study presents a bibliometric analysis using VOSviewer software and the article data used is 200 Scopus-indexed articles collected from 1980 to 2023. The results of this study show that the keywords "Usury", "Islamic Finance", and "Islamic Law" are the most up-to-date keywords with the grand theme of the research, namely riba in Islamic economic law. The researchers who contributed the most were Hewkes D., Termin P., and Todeschini G. who have written 3 research papers. The research cluster consisting of 10 clusters shows the results of the direction of future research development. Future research recommendations researchers can take the theme of riba practices that can result in bankruptcy, a review of ethics in financial practices, and the law of riba in the Qur'an analysis and its implications.
The Fiqh Divide: Standardization Challenges and the Quest for Regulatory Convergence in Islamic Finance Syafwendi Syafril
Indonesian Journal of Law and Syariah Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijls.v1i2.54

Abstract

The expansion of the Islamic finance industry (IFI) is constrained by a lack of global standardization, rooted in divergent Sharia rulings (fatwas) across jurisdictions. This fragmentation creates complex legal pluralism, escalating costs and limiting cross-border competition. This study employs a Normative Legal Research Approach and Comparative Legal Analysis of standards from AAOIFI, IFSB, SAC BNM, and DSN-MUI. The analysis uses Transnational Legal Theory (TLT) to frame the divergence. Findings indicate the primary obstacle is the critical failure of the Transnational Legal Process (TLP) at the Internalization stage. National authorities prioritize local legal sovereignty, causing frequent contradictions with AAOIFI standards. This divergence is exacerbated by normative egoism among scholars, undermining the objective of maslahah (public interest). The core conclusion is that the harmonization challenge constitutes a legal-governance failure. The study proposes a prescriptive strategy centered on Strengthening the TLP and utilizing Economic Incentives. Key recommendations include Mandating core AAOIFI standards for transnational products, establishing a Global Sharia Dispute Resolution Forum for binding interpretations, and institutionalizing Scholar Consensus Protocols. Integrating these strategies with financial incentives is essential to overcome fragmentation and achieve cost-effective development.
The Tradition of Nginjeum Panganten in the Perspective of al ‘Urf: Analysis of Sundanese Customary Practices in Tasikmalaya, Indonesia Heni Purnama Sari; Badruzzaman
Indonesian Journal of Law and Syariah Vol. 1 No. 2 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijls.v1i2.92

Abstract

Marriage is a legal and social institution governed by religious norms, customs, and positive law, with the aim of forming a family that is sakinah, mawaddah, and rahmah. In the Sundanese traditional community in Mekarjaya Village, Padakembang District, Tasikmalaya Regency, there is a marriage practice called Nginjeum Panganten, which is a tradition where the reception and wedding procession are held at the groom's residence with the bride attending from her residence. This study aims to analyze the practice of Nginjeum Panganten from the perspective of Islamic law through the concept of Al-'Urf. This study uses field research with a descriptive-analytical approach. Primary data was obtained through in-depth interviews with traditional leaders, religious leaders, and communities directly involved in the implementation of the Nginjeum Panganten tradition. Secondary data was collected through a literature review of Islamic law, customary law, and relevant scientific works. Data analysis was conducted using an inductive approach to draw normative conclusions from empirical facts. The results of the study indicate that the Nginjeum Panganten marriage practice does not conflict with the principles of Islamic law, as long as the pillars and requirements of marriage are fulfilled. This tradition can be classified as Al-'Urf Shahih, which is a custom that is generally accepted by the community and does not contradict the provisions of Sharia law. Thus, Nginjeum Panganten has legal legitimacy from both the perspective of customary law and Islamic law, and reflects the harmony between local cultural values and the principles of Islamic Sharia.

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