cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Moh. Ali
Contact Email
ijlil@uinkhas.ac.id
Phone
+6281356408897
Journal Mail Official
ijlil@uinkhas.ac.id
Editorial Address
Sharia Faculty, State Islamic University of Kiai Haji Achmad Siddiq Jember. Mataram Street No. 1 Mangli, Kaliwates, Jember 68136, East Java, Indonesia
Location
Kab. jember,
Jawa timur
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
 3   4   5   6   7 
Additional Term Position of Constitutional Judges in The Perspective of Fiqh Priority of Yusuf Qardhawi Fajrul Falah
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.v4i2.246

Abstract

Emergence of the third amendment to the law on the constitutional court which was passed suddenly has sparked controversy among experts. This is due to three irregularities in the law. Among them are the discussion of the law is considered very fast, changes regarding the addition of the term of office of constitutional judges and the very fullness of the law with indications of political interests in order to facilitate the interests of the proposing institution. In examining this problem, this research uses the theoretical perspective of the working of law from Chambliss and Seidman and fiqh siyasah from Yusuf Qardhawi. This research is a normative legal research and with a statute approach and conceptual approach. The findings in this study indicate that an increase in the tenure of constitutional judges who continue to use retirement is in line with Yusuf Qardhawi's priority fiqh theory for several reasons, including a form of harmonization in regulating the tenure of the highest holder of judicial power and being able to maintain independence and credibility of every constitutional judge's decision.
Teleconference Marriage Contracts and The Development of Indonesian Marriage Law Miftahul Qodril R; Ishaq Ishaq; Pujiono Pujiono
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.v4i2.255

Abstract

In the current era of technology, it is possible to carry out a marriage contract with the help of technology that can facilitate the parties who will carry out the marriage contract. In the study of Islamic law, there is no definite law regarding this long-distance marriage. Because this is a case of ijtihadiyah which is not mentioned in the texts of the Qur'an or Sunnah. In Indonesia, there is also no legal certainty regarding long-distance marriage contracts. This study uses library research method where literature is the main data source. This study aims to determine the views of an Islamic figure regarding the marriage contract carried out by teleconference, as well as to find out the prospects for this view in the development of Islamic family law in Indonesia. The results of this study indicate that the marriage contract through teleconferencing is factually not yet regulated in marriage law. However, according to Wahbah Az-Zuhaili's opinion, marriage via teleconference is a marriage that is allowed and can be considered valid. However, it is still necessary to regulate and amend the law regarding teleconferencing marriage contracts in order to protect the law, as well as to fulfill the legal aspect for the parties concerned.
Post-Divorce Determination Of Marriage Dispensation: Penetapan Dispensasi Perkawinan Pasca Perceraian Inayatul Anisah; Ana Laela Fatikhatul Choiriyah; Achmad Walif Rizqy; Nur Fitriah
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
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.v5i1.264

Abstract

The marriage law in force in Indonesia shows the parameters of maturity when a person is deemed capable of getting married, since the enactment of Law Number 16 of 2019 amendments to Law Number 01 of 1974 concerning registration, applications for dispensation for marriage in religious courts are increasing every year . Likewise in the Bondowoso Religious Court, along with the increase in requests for marital dispensation also accompanied by children who have applied for marital dispensation after some time later filing for divorce, so that in this case the divorce claims experienced a significant increase after the revocation of the marital dispensation was enacted. There are things that the government needs to do in responding to these conditions, namely: massive legal dissemination regarding the impact of early marriage and protection for women after divorce. It is on this basis that the author wishes to review divorce after the determination of marital dispensation using an empirical juridical research methodology.
The Relevance of Crossdressing Laws from the Perspective of Hadith and MUI Leaders of Malang City: Relevansi Hukum Crossdressing Perspektif Hadis dan Tokoh MUI Kota Malang Ianatut Tazkiyah; Nasrulloh Nasrulloh
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
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.v5i1.265

Abstract

The rapid development of technology makes it easier for people to create profits to achieve profits. One of them is the phenomenon of crossdressing carried out by content creators on social media to entertain and get other benefits. Crossdressing is really considered to disturb order and comfort, because many people use it as a means of disguise or even to the point of completely changing their identity according to the clothes they wear. This study aims to determine the phenomenon of crossdressing caused by work in the study of hadith and opinions from MUI figures in Malang City. This type of research is descriptive qualitative, which is empirical in nature. The phenomenological approach is from the opinion of the MUI Kota Malang figure. The result of this study is that crossdressing laws are prohibited both according to sahih hadith, as well as the MUI of Malang city, because it includes tasyabbuh, and the opening of other job opportunities that do not violate religious rules.
Legal Protection for Online Loan Borrowers: Perlindungan Hukum bagi Nasabah Pinjaman Online Armita Latif; Tiara Tiara; Hafiah Hafiah; Andi Muhamad Gufran Anwar
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
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.v5i1.279

Abstract

Online loan application services have generated numerous complaints regarding the unauthorized and non-consensual dissemination of personal data by online loan providers without notice and without the owner's permission. Consequently, it is important to study the legal protection of borrowers' personal data in online loan applications, as well as the sanctions for personal data breaches. This article aims to examine the legal protection of borrowers' personal data in online loan applications using a normative legal method through legislative and factual approaches. The study results indicate that legal protection and sanctions for personal data breaches have been regulated in Law No. 11 of 2008 and its amendments concerning Electronic Information and Transactions. However, specific provisions regarding legal protection and sanctions for personal data breaches in online loan services are stipulated in Financial Services Authority Regulation No. 77/POJK.01/2016 concerning Information Technology-Based Peer-to-Peer Lending Services, as emphasized in Article 26 which states that the provider is responsible for maintaining the confidentiality, integrity, and availability of users' personal data and should utilize it with the consent of the personal data owner, unless otherwise specified by legislation. Sanctions for personal data breaches are regulated in Article 47 paragraph (1), which include written warnings, monetary obligations, fines, business activity restrictions, and permit revocation.
Constitutional Guarantee for Indonesian Citizens as Practitioners of a Belief System: Jaminan Konstitusional bagi Warga Negara Penganut Aliran Kepercayaan di Indonesia Muhammad Hoiru Nail
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
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.v5i1.287

Abstract

Article 29, Paragraph (2) of the 1945 Constitution of the Republic of Indonesia guarantees freedom for every citizen to embrace a religion and/or belief system. This constitutional basis ensures that adherents of religions and beliefs are granted an equal position. However, legal issues arose when Law of the Republic of Indonesia Number 24 of 2013, concerning Amendments to Law Number 23 of 2006 regarding Population Administration, discriminated against residents who adhered to beliefs by leaving the religion column blank for Family Cards and Electronic KTPs (Article 61, Paragraphs (1) and (2), and Article 64, Paragraphs (1) and (5) of the Population Administration Law). This research utilizes normative legal research methodology. The legal product was ultimately reviewed by the Constitutional Court, which acknowledged the presence of adherents of religious beliefs in the column of Electronic ID Card.
Principles of Human Rights (HAM) in Indonesian Sustainable Palm Oil (ISPO) Ratu bilqis Naily Hidayah; Waro Satul Auliyak
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
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.v5i2.290

Abstract

Palm oil is Indonesia's leading commodity that is able to compete in the international market. However, there are often accusations that Indonesian palm oil is unsustainable due to problems of deforestation, corruption and human rights violations against land grabbing of indigenous and local communities. So that they lose their homes and find it difficult to meet their needs because they depend on the forest. In response to this, the government has updated the ISPO regulations through Presidential Regulation Number 44 of 2020 concerning the Indonesian Sustainable Palm Oil plantation certification system. The formulation of the problem from this research is whether ISPO is in accordance with human rights principles and what is the future conception so that ISPO is more in line with human rights principles. This research is included in normative legal research using a legal and conceptual approach. Based on the research results, it is known that ISPO has complied with several human rights principles, such as universal principles and non-discrimination. ISPO principles and criteria should be adjusted to the capacity of independent smallholders, so that there is equality in efforts to increase oil palm production.
The Perspective of Community Voice and Islamic Law on Akad Bhekal Tradition in Maron Kidul, Probolinggo District: Tradisi Akad Bhekal di Desa Maron Kidul Perspektif Masyarakat Dan Hukum Islam Linda Ruzyanti; Abu Yazid Adnan Quthny; Imam Syafi’i
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
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.v5i1.291

Abstract

The bekalan tradition frequently becomes the topic of discussion in the social community. The initial purpose of holding the bekalan tradition, which should be a pattern of intimacy, has now become a common mistake. Some associations between men and women during bhekalan are often known to deviate from Islamic Law. It has become standard when it is known that men and women during Bhekalan are always together, holding hands and even staying at their partner's house. Ironically, if such things are not done, it becomes a topic of controversy in the neighbourhood. The research discussed the implementation of the akad bhekal tradition that occurs in the Maron Kidul community and the community's perspective and Islamic Law on the tradition. It occurs due to the community's traditional law, which appears to have taken the form of local community customary law. This research uses a qualitative method where the primary source is obtained through observation, interview and documentation. The technique of testing data validity is to use the triangulation method. This research shows that the tradition of akad bhekal is not a fixed tradition that applies to the entire village of Maron Kidul. Furthermore, the implementation of the Akad Bhekal is the same as the implementation of the Akad Sirri.
Ownership Status of Land Rights from Reclamation Results by Foreign Legal Subject Yosua Simon Suganda
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 6 No. 1 (2024)
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.v6i1.294

Abstract

Rapid population growth that did not accompany by an increase of land area can lead to a big problem in a long term, such as high land prices. Hence reclamation need to be done so it can help people to have a land with affordable price. However, reclamation can’t be done without following terms and conditions by the government. This writing made so we can know who is eligible to do the reclamation, what type of law subject can do reclamation. The writings use normative-juridicial research approach and qualitative-juridicial analysis method. By following all legal requirements person and entities law subject can do the reclamation, both local and foreign legal subject.
Instruksi Walikota Jayapura : Effectiveness of Lawin Creating a Clean and Healthy Environment: Instruksi Walikota Jayapura: Efektivitas Hukum Instruksi Walikota Jayapura dalam Mewujudkan Lingkungan Bersih dan Sehat Hasrifal Hasrifal; Amri Amri
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
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.v5i1.299

Abstract

To reduce environmental pollution from plastic waste and minimize the use of plastic bags. Thus, the Jayapura City government issued a policy of Mayor Instruction number 1 of 2019 regarding using alternative shopping bags instead of plastic bags. This study aims to find out how the application of these instructions in the community and the administrative law view of the policy on environmental pollution problems in Jayapura. Quality research will be used in this study as data collection through the review of Mayor Instruction Number 1 of 2019, interviews, and observations. The results showed that this instruction was only aimed at specific merchants, such as modern shops/stalls and supermarkets. Meanwhile, traditional market dealers and small stalls on the roadside should be applied. In practice, the shops and merchants mentioned must provide alternative bags, such as noken and cardboard, for people who shop. Confiscation sanctions will be imposed If the business actor does not provide alternative plastic bags. The subsequent finding is that the level of compliance of business actors with these instructions is high. Meanwhile, the legal hierarchy of the Administration of the Mayor of Jayapura Instruction Number 1 of 2019 is a simplified form of Law Number 32 of 2009 concerning environmental management. However, the Jayapura mayor's instruction has not been effective in environmental management. That is because there are still floods due to the accumulation of rubbish aimed at certain business actors.

Page 5 of 8 | Total Record : 78

 3   4   5   6   7 

Filter by Year

2019 2025


Reset
Filter By Issues
All Issue Vol. 7 No. 2 (2025): Vol. 7 No. 1 (2025): Vol. 6 No. 2 (2024) Vol. 6 No. 1 (2024) Vol. 5 No. 2 (2023) Vol. 5 No. 1 (2023) Vol. 4 No. 2 (2022) Vol. 4 No. 1 (2022) Vol. 3 No. 2 (2021) Vol. 3 No. 1 (2021) Vol. 2 No. 2 (2020) Vol. 2 No. 1 (2020) Vol. 1 No. 1 (2019) More Issue