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Moh. Ali
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ijlil@uinkhas.ac.id
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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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Kab. jember,
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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. 4 No. 1 (2022)" : 6 Documents clear
The Position Of Women In The Family Law According To Liberal Feminis Nur Solikin; Eka Wulandari Larantika Mualim
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
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/ijlil.v4i1.137

Abstract

Historical facts reveal that thousands of years before Islam came, especially in the era of Jahiliyah, women were seen as not having complete humanity and therefore women did not have the right to speak out, did not have the right to work, and did not have the right to own property, this caused the feeling of shame to have daughters who resulting in the burial of innocent baby girls being buried alive is also an injustice due to wrong traditions. The results of this research are (1) The misunderstanding of society regarding the position of women in the family according to Siti Musdah Mulia is the result of wrongly interpreting this verse of the Koran due to several reasons. One of them is that in general, Muslims understand religion more dogmatically, the Islamic community obtains religious knowledge through lectures from the scholars', and (2) Musdah Mulia's basic thoughts are related to formulating the position of women in the family, including a) There are no differences in men -men and women. One of God's blessings is that all human beings, whether male or female, are equal, regardless of ethnicity, wealth, or social position. In God's view, man is valued only based on his obedience; b) the essence of Islamic teachings is to humanize humans and respect their sovereignty. and therefore must be recognized as natural; c) The essence of religious teachings is to humanize humans, respect humans and honor them.
The Problematics of Divorce Before Judges The Perspective of Islamic Law Compilation and Madzhab Syafi’i Misnanto Misnanto
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
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/ijlil.v4i1.214

Abstract

Indonesia is country based on law, the law itself is regulation regarding human actions that can done or not done, Humans are social creatures whoo need others, in is marriage there are many problems cause divorce, then writer will analysisthe validity of divorce before the panel of judges according to Islamic Law Compilation and Syafi’I Madzhab, as weell as analysisthe determination the iddah period in the Islamic Law Compilation and the opinion of the Syafi’I Madzhab, by using method abalisis conten, with conclusion in Islamic Law Compilation all divorces in Indonesia must go through a court of law, whether marriage is legal or not, this provision inconsistent with the 2012 Indonesia ulema’ consensus and opinion the Syafi’I madzhab, because according the Shafi’I School there are only 7 things, 4 cases where the husband does not want or has not dropped his tread, the woman may apply to court, namely: The problem of not having a living, The problem the wife’s harm, The problem of having a  disability, The problem the husband’s departure which is not clear, and 3 cases are the absolute authority of the court to resolve, namely: divorce due to illa’,  divorce due to li’an,  divorce due to zhihar.
“Bettonan” Contract in Agricultural Management as Poverty Reduction Efforts From Islamic Law Point of View Suwardi Suwardi; Muhammad Erfan Muktasim Billah
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
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/ijlil.v4i1.215

Abstract

The background of this research is the existence of a "bettonan" contract that occurs among the Indonesian farming community. This contract is carried out with a distribution of 80%:20% of agricultural products; 80% for land owners and 20% for tenant farmers. This contract is a legacy from a long time ago that until now has not been touched by the government, resulting in the absence of regulations. This article tries to explore the legal nature of the “bettonan” contract and whether the distribution is in accordance with justice by considering the obligations of both parties to the contract (land owner and tenant farmers). The results of the study indicate that the "bettonan" contract transaction is in accordance with the concept of Islamic law and is included in the category of musyarakah muzaraah contract, and the distribution of results is in accordance with the principle of justice because the risk of tenant farmers is very small. In the end, this “bettonan” contract really needs to get a touch from the government law because it is very helpful in poverty alleviation efforts.
Effectiveness Of Inheritance Dispute Resolution Through Non-Litigation Channels Iswanto Malik
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
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/ijlil.v4i1.218

Abstract

The effectiveness of law enforcement is closely related to the effectiveness of the law. In order for the law to be effective, law enforcement officers are needed to enforce these sanctions. A sanction can be actualized to the community in the form of compliance, with these conditions showing indicators that the law is effective. In resolving disputes through non-litigation, we have recognized the existence of alternative dispute resolution or Alternative Dispute Resolution (ADR), which is described in Article 1 number (10) of Law Number 30 of 1999 concerning Arbitration and ADR, which reads as follows: Alternative Dispute Settlement is an institution for resolving disputes or differences of opinion through procedures agreed upon by the parties, namely dispute resolution out of court by means of consultation, mediation, conciliation, or expert judgment. The approach used in this research is a qualitative approach. The type of research used in this study is a case study. Results In the method of village arbitration in the settlement of inheritance disputes 1) village heads and village officials have an important role in the settlement of inheritance disputes, namely as mediators, including: opening and leading the mediation process, explaining, providing advice and the best solution, deciding and determining what the parties have agreed upon. dispute, prevent the emergence of a larger dispute 2) settlement of inheritance disputes by arbitration is quite effective in resolving inheritance disputes in the village, in resolving disputes through mediation, the parties are able to reach an agreement between them, so that the benefits of mediation are felt with minimal costs. issued and the time that is not long also reduces conflicts between heirs.
Transfer of Authority Over Mineral and Coal Mining Tenure Rights Tri Suhendra Arbani; Prasasti Amelia; Nurfaika Ishak
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
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/ijlil.v4i1.223

Abstract

The transfer of mining licenses with the birth of the work copyright law has shifted back to the central government. There are two issues studied, namely the main basis for the transfer of authority related to the control of mineral and coal mining and the impact of the Transfer of Authority related to the Control of Mineral and Coal Mining. The research method used is a juridical normative research method with a statute approach, data analysis using a descriptive method. The results of the research are aimed at reorganizing related to the regulation of authority affairs and improving the mechanism for granting mineral and coal mining business permits so that mine management is better in the future. In addition, the transfer of authority to issue permits is carried out to realize an efficient mining licensing system, but it cannot be denied that from the wide range of mining areas and the lack of authority possessed by the regional government as the 'host' party to supervise mineral and coal mining activities, it is not impossible. maybe this will actually have an impact on the non-intensive process of monitoring, fostering, and supervising mineral and coal mining activities.
ASSESSING WOMEN ULAMA’S PERSPECTIVES ON GENDER CONTESTATION AND LAW ESTABLISHMENT IN INDONESIA Arifah Millati Agustina
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 1 (2022)
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/ijlil.v4i1.224

Abstract

In contrast with the history gender abroad, women's attitudes and relations with various sectors in Indonesia can be said to be completely different.  without distinguishing between both of them, local culture and approaches that affect one's perspective. This article describes the history of gender in Indonesia that is inseparable from the dogma and history of Indonesian women who fight for justice before the law, the variety of religions and cultures which are the main concerns that will distinguish the history of gender in Indonesia from others. This article narrates that gender as a perspective is strongly influenced by the doctrines of the ulama towards women through tafsir and methods. Women ulama brought up several gender issues in Indonesia which later became the product of a fatwa, including the elaboration of kyai Husein Muhammad highlighting how women's rights fighters in Indonesia seek to ratify the marriage law and bunyai Nur Rafiah’s argument saying that gender in Indonesia will never be separated from the method of Islamic studies which views the essential justice for which positions ultimate justice for women as the ultimate target, this argument leads to laws in Indonesia which are starting to lead to the mainstreaming of regulations. This discussion is further reinforced by kyai Faqihudin Abdul Kodir who argued that the goal of gender in Indonesia is the ratification of CEDAW, hence the issuance of UU no. 7 of 1984.

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