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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 9 Documents
 1 
Legal Analysis of Agency Agreements under the Principle of Taisir in Islamic Contract Law Annisaul Maslamah; Alamsyah Nurrahmad Putra
Indonesian Journal of Law and Syariah Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijlh.v1i1.1

Abstract

This research aims to analyze agency agreements from the perspective of the principle of taisir (ease), which is one of the fundamental principles that must be upheld in the implementation of contracts within the framework of Sharia. This research employs a normative legal methodology by utilizing library research for data collection. The approaches adopted in this study are the statutory approach and the conceptual approach. The results of this study indicate that the concept of agency in business relationships is a necessity in the process of distributing goods from producers to consumers. There exists a gap in time, geography, and quantity between producers and consumers, which makes the role of agency increasingly indispensable. The agency concept is equated with the relationship between the principal and the agent under the Civil Code (KUH Perdata), and in Sharia contract law, the characteristics of agency can be likened to wakalah al-muqayadah. The existence of agency agreements represents an efficient form of economic behavior, which is also aligned with the principle of taisir in Sharia contracts, defined as the facilitation of daily economic transactions. On the other hand, this also reflects the flexibility of Islamic Sharia in addressing contemporary issues.
Legal Analysis of Lavish Wedding Ceremonies from the Perspective of Islamic Law Muhammad Yakhsyallah Liddinillah
Indonesian Journal of Law and Syariah Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijlh.v1i1.2

Abstract

This study aims to conduct an in-depth examination of the Islamic legal perspective on the increasingly prevalent practice of lavish wedding ceremonies in contemporary society. Employing a qualitative approach, the research analyzes primary Islamic sources such as the Qur’an and Hadith, as well as secondary sources including classical jurisprudential texts and scholarly interpretations. The objective is to assess the extent to which extravagant wedding practices align with the fundamental principles of Islamic law (sharia). The findings indicate a tension between the concept of lavish weddings and the Islamic values of modesty, justice, and the prohibition of wastefulness. The concepts of tabarruj (excessive display) and israf (extravagance), which are prohibited in Islam, can serve as a basis for analyzing excessive wedding reception practices. The study concludes that Islam promotes weddings that are simple, blessed, and free from financial and social burdens. The implications of this study are expected to contribute to a more comprehensive understanding of Islamic marital ethics and serve as a reference for Muslims in planning weddings that are consistent with religious teachings.
The Fiduciary Principle as a Pillar of Customer Protection in the Indonesian Banking System Sartika Fauziah Hafni Harahap
Indonesian Journal of Law and Syariah Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijlh.v1i1.5

Abstract

This study examines the implementation of the fiduciary principle in banking regulations and customer protection mechanisms within Indonesia's banking sector. Employing normative legal research with a statutory and conceptual approach, this study highlights two key findings. First, the fiduciary principle is fundamental to the legal relationship between banks and customers, as stipulated in Article 2 of Law No. 7 of 1992. This principle is reinforced by regulations issued by Bank Indonesia (BI) and the Financial Services Authority (OJK) and is reflected in various aspects of banking operations. These regulations encompass consumer protection, personal data security, financial safeguards, and protection against unfair banking practices. Second, consumer protection mechanisms based on the fiduciary principle are implemented through instruments such as the Deposit Insurance Corporation (LPS), supervision by BI and OJK, and dispute resolution services, including direct complaints to banks, limited facilitation by OJK, and alternative dispute resolution through the Alternative Dispute Resolution Institution (LAPS).This study concludes that the fiduciary principle is crucial for fostering trust, ensuring operational integrity, and promoting stability in the banking sector.
Islamic Legal Analysis of Pregnancy Delay in the Ruwatan Tradition: A Perspective from Nahdlatul Ulama Scholars in Kebun Jeruk, West Lampung Ruli Fajri
Indonesian Journal of Law and Syariah Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijlh.v1i1.17

Abstract

The Javanese are one of the ethnocultural groups in Indonesia known for their rich local traditions, one of which is the ruwatan ritual. In some Javanese communities, ruwatan is practiced as a pre-pregnancy ritual, which leads to the phenomenon of pregnancy delay. This phenomenon presents an interesting issue for study, particularly from the perspective of Islamic law, specifically the views of the scholars of Nahdlatul Ulama (NU). This study aims to analyze the legal status of pregnancy delay during the ruwatan ritual based on fiqh studies and the concept of ‘urf. The research employs a qualitative descriptive-analytical approach, utilizing in-depth interviews with leaders of the MWCNU Kebun Tebu and participatory observation in Pujaya 1 Village, West Lampung. Data are analyzed thematically using the approach of usul al-fiqh. The findings of this study indicate that pregnancy delay during ruwatan is generally based on the weton calculation or occurs on the 1st of suro. According to the MWCNU Kebun Tebu’s perspective, this practice is considered makruh if not motivated by emergency (medical) reasons, but it is still regarded as a valid ‘urf (‘urf sahih) because it serves a positive purpose, such as household adaptation, along with spiritual dimensions like dhikr (remembrance of God) and prayers. Thus, although the delay of pregnancy in the context of ruwatan is viewed as makruh from an Islamic legal perspective, this tradition remains acceptable as long as it does not conflict with Islamic law and contains elements of maslahah (public benefit) for the couple.
Between Law and Development: The Effectiveness of the Law on the Capital City of the Nation Hafizal Amin
Indonesian Journal of Law and Syariah Vol. 1 No. 1 (2025): Indonesian Journal of Law and Syariah
Publisher : CV. FOUNDAE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/ijlh.v1i1.23

Abstract

The Law No. 3 of 2022 on the Capital City (UU IKN), as a legal representation in national development, is perceived to have questionable effectiveness. The procedural approach in its formation tends to neglect scientific considerations and accommodates oligarchic interests, thereby creating a public trust crisis regarding the role of law in development. This article aims to analyze the effectiveness of the UU IKN and assess to what extent this law reflects the interests of the public. This research employs a normative method with a library research approach, examining primary, secondary, and tertiary legal materials. The findings indicate that the UU IKN was not entirely drafted based on a comprehensive academic study, as there is a selective tendency to cite development theories that support the government's agenda. Furthermore, the implementation of UU IKN demonstrates the dominance of political interests, while the public faces negative impacts such as deforestation, evictions, and a lack of realization of development promises. Therefore, the effectiveness of law in the context of the IKN development remains a fundamental issue that requires critical review.
The Dynamics of Marriage Agreements in Civil Law and Contemporary Islamic Law in Indonesia Asrizal Saiin
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
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 Titania Mukti
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.

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