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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 78 Documents
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IMPLEMENTASI UNDANG-UNDANG ASN DALAM TAHAPAN PILKADA KABUPATEN TUBAN TAHUN 2020 Sutrisno Puji Utomo Sutrisno
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 3 No. 2 (2021)
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.v3i2.153

Abstract

The purpose of this paper is to: Explain the legal study of the implementation of Law Number 5 of 2014 concerning the State Civil Apparatus (ASN) in the stage of selecting the regional head of Tuban Regency. This research is a type of qualitative research. This research emphasizes on election management institutions, so the main approach used is the institutional network approach to Bawaslu, namely through a legal approach and a conceptual approach. Meanwhile, the legal material uses laws related to elections and its derivatives, namely the Bawaslu regulations in dealing with election violations. The realization of the neutrality of the State Civil Apparatus in the Pilkada can be carried out by optimally involving several related institutions, including the State Civil Apparatus Commission (KASN), Bureaucratic Leaders, Regional Inspectorates, and the Regional Civil Service Agency, the General Election Commission (KPU) and the General Elections Supervisory Agency (KPU). BAWASLU). The results of this study can be explained in the context of the Tuban Regency Pilkada on the legal settlement of findings of violations at the pilkada stage by ASN, the Tuban Regency Bawaslu then sends the results of the study and findings to the State Civil Apparatus Commission and by the institution a warning letter of recommendation is issued to the candidate.
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.
Analysis of Dowry Laws in The State of Sarawak, Malaysia, and KHI Indonesia Ridho Syahbibi
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (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.v4i2.226

Abstract

The law of dowry in Islam is an obligation for a man who wants to marry his future wife. Article 30 of the Compilation of Islamic Law (KHI) in Indonesia explains that the prospective groom is obliged to pay a dowry to the prospective bride in an agreed amount, both in form and type. However, there is no certainty about the amount of dowry to be paid. Another Muslim-majority country that adheres to Islamic law in the context of family law, including dowry, is Malaysia, which has the Sarawak State Islamic Family Law Ordinance 2001 which also regulates dowry laws. Thus, in solving a problem related to the amount of the dowry, the judge will solve it. This study uses a type of library research with a juridical-normative method. Primary data sources in the form of laws and regulations regarding the law of dowry in Indonesia and Malaysia, secondary sources obtained from various writings and books that are relevant to the research focus. Result: in detail the dowry law in the preparation of Islamic law is regulated in Articles 30 to 39, while the 2001 Sarawak State Islamic family law procedures in Malaysia are contained in Article 19, Article 56 and Article 57. Both have similarities in the laws and regulations that discuss about the law. dowry, one of the most prominent differences between the two is regarding the determination of the dowry, which in Indonesia the dowry is not clearly defined in terms of form and amount, while in the State of Sarawak, Malaysia, the amount is 120 RM for virgins and widows.
Actualization of Mui Fatwa on Positive Law as Islamic Legal Opinion in Indonesia May Shinta; Namira Rosalina Mutian
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (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.v4i2.233

Abstract

Legal opinion in Islam will discuss issues related to religious law such as fatwas. In Indonesia, there is a fatwa-making body called the MUI (Indonesian Ulema Council) which was established on July 26, 1975. This study uses the library research method by reviewing several libraries and comparing them with other literacy to find the right research results. The results of the study indicate that fatwas have an important role by becoming several national laws in the realm of Islamic economics. This is proven in the Supreme Court Regulation No. 2 concerning the Compilation of Sharia Economic Law (KHES), in addition to that regarding Islamic banking, for example PBI No. 9/19/PBI/2007. In addition, regarding sharia principles, the finance minister asked the MUI fatwa as the basis for issuing State Sharia Securities (SBSN).
Legal Power of Testament Act as Authentic Deed in The Indonesian and Malaysian Law System Izzah Afkarina
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (2022)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Testament is a letter that contains a person's statement about what they want on assets after they die. In principle, in civil matters in the Indonesian legal system (Civil Law), written evidence is prioritized evidenceor the highest evidence than others. In contrast to Malaysia (Common Law), in the law of proof, it uses a jury system. Legal issues are determined by the judge and the facts are determined by the jury. From the explanation above, the Testament deed doesn’t have to do because the heirs are entitled on the inheritance of the property. Based on the description above, it needs to further examine “The Comparison of the Testament Deed Law as an authentic deed of Law in the Legal System in Indonesia and Malaysia”. The method used in this research is Qualitative Method, using Normative Law research. The results showed that (1) The Testament Regulation in the legal system in Indonesia and Malaysia is still pluralism of law; (2) The legal force of the Testament Deed and the legal consequences are both perfect proof in the Court if it fits its the procedures and provisions; (3) The Implementation of Testament Deeds in the legal system of the Indonesian and Malaysia, both can be done in writing, verbally or signal and it is witnessed with two witnesses.
The Dynamics of Islamic Family Law Reform in Morocco on Guardians Of Marriage Nur Aini Awaliyah
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 4 No. 2 (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.v4i2.245

Abstract

Islamic law reform must be carried out in response to the demands of change that occur in society. It is said that because one form of the universality of Islamic law is seen from the adaptability and flexibility of Islamic law itself. In connection with reform, Morocco carried out reforms of Islamic family law in the twentieth century. History states that between 1912-1956 Morocco was under French and Spanish political domination. The follow-up of efforts to develop the codification of family law was on August 19 1957, Morocco, whose inhabitants were followers of the Maliki school of thought, codifying during 1957 to 1958 producing Mudawwamah al-Ahwal al-Syakhsiyyah. The history of the birth of the Moroccan Law began on December 6, 1957 (13 Jumadil Awal 1377) with the issuance of the King's decree dated November 22, 1957 (28 Rabiul Thani 1377), announcing the issuance of the law on marriage and divorce. Morocco made history again in 2004, Morocco carried out a reform of the Islamic family law, which is one of the countries that gives legal permission to a woman, both girl and widow, to marry herself without a guardian in its Mudawwah al-Usrah, efforts to reform this law cannot be separated from the role of King Muhammad VI and the Progressive Feminism Movement.

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