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Moh. Ali
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Sharia Faculty, State Islamic University of Kiai Haji Achmad Siddiq Jember. Mataram Street No. 1 Mangli, Kaliwates, Jember 68136, East Java, Indonesia
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INDONESIA
Indonesian Journal of Law and Islamic Law (IJLIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27215261     EISSN : 2775460X     DOI : https://doi.org/10.35719/ijl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-460X) is a joint-venture of the Association of Indonesian Islamic Family Law lecturers (ADHKI) and The Syariah Faculty and is published by the State Islamic University of Kiai Haji Achmad Siddiq Jember. The purpose of this journal is to provide a platform for the publication of academic works which pertain to law and Islamic law studies, with special reference to socio-legal activities, legal politics, criminal, civil concerning human rights issues in Southeast Asia and Beyond. Though this journal was created to showcase the works of authors affiliated with ADHKI Indonesia and ETC, it welcomes submissions form any scholars whose work pertains to the aforementioned topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2020)" : 6 Documents clear
PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS Supianto Supianto; Nanang Tri Budiman
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.84

Abstract

Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.
IMPLIKASI LARANGAN PERNIKAHAN TUNAGRAHITA BERAT PERSPEKTIF MAQOSID SHARIAH JASER AUDA Hawa’ Hidayatul Hikmiyah; Ahmad Faisol; St Sariroh
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.85

Abstract

Everyone has right to get married, unlike the case with people with severe mental retardation. There are adverse effects if mental retardation still gets the legality to get married. This marriage ban is categorized as severe mental retardation shich cant be done at all, and all work must be replaced by someone els. Because of the prohibition of marriage for people with intellectual disabilities that is feared to other people, it is difficult to create a marriage destination and it is feared that it will have an impact on children who will be born like their parents. If seen in terms of its benefits, the existence of the ban becomes a benefit. The application of system theory as an approach in Islamic law, there are six system features used by Jasser Auda as a knife of analysis namely cognitive nature, wholeness, openness, interleted hierarchy, multi dimentionality and pusposefullness. By using theory of Maqo>s{id Shari>‘ah Jasser Auda it will be seen that the prohibition of marriage for person with severe mental retardation is policy that is not merely to protect the rights of individuals but protect the rights of the general public, taking into account the puspose, function, mas{lahah and mud{arat.
TRANSPARANSI DALAM PELAKSANAAN BANTUAN LANGSUNG TUNAI (BLT) DANA DESA Tioma Roniuli Hariandja; Nanang Tri Budiman
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.86

Abstract

Since May 2020, BLT DD has been implemented in Jember Regency, including Bangsalsari Village. However, in fact it’s couldn’t avoid a pros and cons, especially to recipients. So, it’s mean Bangsalsari must be respons and give right information public. Every regulation must referent to hierarchy of legislation, same as the BLT DD rules. However, we know law have the legal principles "lex specialis derogat legi generalis", Then regulation of Jember regency Number 8 of 2016 about Public Information Openness must be a reference to do programs of Jember regency. There are three elements that must be fulfilled in the implementation of BLT DD in Bangsalsari Village, in order to realize information transparency, namely publication, participation and reporting. Bangsalsari Village has fulfilled these three elements in the implementation of BLT DD.
PENINGKATAN PEMAHAMAN HUKUM PERLINDUNGAN KONSUMEN DI MASA PANDEMI COVID-19 Zainal Arifin; Emi Puasa Handayani
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.87

Abstract

This activity is “Socialization and Increasing Comprehension of Consumer Protection Law during Covid Pandemic in Dandangan Village, Kediri City”. This program is carried out by universities, especially the Law Faculty of Kadiri Islamic University, to carry out the Tri Dharma of Higher Education, community service to build mutually beneficial relationships. This community service program is run by Higher Education in collaboration with Dandangan Village, Kota, Kediri City. The participants are 17 peoples from Dandangan village, consisting of religious leaders (Toga), community leaders (Tomas), village activists, youth organizations, PKK ladies, and recitation groups. The results of this activity resulted in the following recommendations and evaluations: from the discussion, presentation and questionnaire, we know that the majoritypeoples from Dandangandoesn’t know and understand the meaning of consumer protecting from law perspective.
TELAAH KRITIS FATWA MAJELIS ULAMA INDONESIA (MUI) TERHADAP PRODUK SANDANG Afifatul Munawiroh; M. Khoirul Hadi al- Asy'ari
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.88

Abstract

This research based on Islamic Economisation in Indonesian: a Critical review of the editcts of the Majelis Ulama Indonesia (MUI) on Clothing products and their effects on the migration of life style discourse in Indonesian. In this paper there are three important questions. First, how is the history of the emergence of legal labeling in Majelis Ulama Indonesia? Second, how to develop products that are labeled halal labeling on clothing from Majelis Ulama Indonesia? Third, How the impact of halal labeling on clothing from Majelis Ulama Indonesia? With the approach of the Phemenology to expalain develop produvts that are labeled halal lebeling on clothing from Majelis Ulama Indonesia and explain the impact of halal labeling on clothing from Majelis Ulama Indonesia. And then, the history of the emergence of legal labeling in Majelis Ulama Indonesia expalain in the analysis content. The results of this study are first, to know the history of the emergence of legal labeling in Majelis Ulama Indonesia second, to know develop products that are labeled halal labeling on clothing from Majelis Ulama Indonesia third, to know the impact of halal labeling on clothing from Majelis Ulama Indonesia.
ANALISIS HUKUM TERHADAP PERCERAIAN SUMPAH LI’AN Angga Tiara Wardaningtias; Inayatul Anisah
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.89

Abstract

The consequence of divorce by li’an vows is the breakup of the lineage of the child with his father and the end of the marriage forever. Bondowoso Religious Court is one of the Religious Courts that decide divorce by another oath. The judge's consideration in deciding the oath of allegiance by the legal basis in the Compilation of Islamic Law (KHI), namely article 162. However, submitting a child denial application is not following article 102 of the Compilation of Islamic Law. Decision number 0918 / Pdt.G.2019 / PA.Bdw exceeds the time limit allowed to apply for child denial. The Judge of the Religious Court has not yet used Perma No. 03 of 2017 on Guidelines for Judging Women's Matters Facing the Law, as a guideline for judging women in a conference. So that the understanding of gender is still lacking and even do not agree with the concept of gender. What is meant by injustice here is when one type of gender is better in its state, position, and position.

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