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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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Assessing the Istislahiah Method in Islamic law: Study of The Utilization of Science in Ushul Fiqh in The Context of Indonesian Fiqh Silsilu Durrotil Bahiyah
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.v6i1.314

Abstract

Traditional Islamic law is often seen as being based on textual sources, such as the Qur'an and Sunnah. However, a closer look reveals that scholars have a long history of incorporating scientific advancements into legal reasoning. This paper explores the istislahiah method, which uses scientific knowledge to formulate Islamic legal rulings in the context of contemporary Indonesia. The paper begins by examining the concept and authority of the istislahiah method. It traces its historical roots to the early days of Islam, and discusses the theoretical underpinnings of the method. The paper also explores the debates surrounding the validity of istislahiah in Islamic legal discourse. The paper then turns to the practical application of istislahiah. It analyzes how scientific knowledge can be integrated into legal reasoning to address pressing social issues faced by Indonesia. The paper provides examples of how istislahiah has been used to address issues such as public health, environmental protection, and gender equality. Finally, the paper explores how the istislahiah method can enhance Islamic law for the future. It argues that istislahiah can help to bridge the gap between traditional Islamic legal principles and the evolving realities of the modern world. By demonstrating the compatibility of science and Islamic law, istislahiah can pave the way for a more nuanced and adaptable approach to legal decision-making in Indonesia. This study offers a fresh perspective on the potential of the istislahiah method to address the challenges of the modern world. By demonstrating how scientific knowledge can be used to formulate Islamic legal rulings, this research paves the way for a more dynamic and contextually relevant Islamic legal framework for Indonesia.
Endogamous Marriage as a Criteria for Kafaah in the Arab Community of Jember Based on Al-'Adah Muhakkamah Perspective Naimah Alasdaq; Deni Irawan
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.v5i2.315

Abstract

The purpose of this study is to ascertain and comprehend the perspectives of Ulama about kafaah in endogamous marriage, as well as the practises and perspectives of al-'Adah Muhakkamah in endogamous marriage within the Arab community of Jember. The research methodology employed in this study is field research, utilising a juridical, normative, and sociological approach. The findings of this study indicate that some Ulama perceive endogamous marriage as a component of moderate compatibility (kafaah), while others do not. Furthermore, the majority of the Arab community in Jember agrees with the viewpoint of Ulama who believe that endogamous marriage is not a part of kafaah. After analysis, it was concluded that the implementation of endogamous marriage was acceptable because it was in accordance with the principles of al-'Adah Muhakkamah.
Law Enforcement on Misuse of Personal Data by Online Loan Business Actors Linus Ndruru; Carolus Wahyu Herman; Deny Octa Ttistian; Sigit Widodo
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.v5i2.317

Abstract

This study aims to explore data breaches in the usage of online loan applications (peer-to-peer lending) that happen as a result of financial advancements in technology. It is essential to discuss the issue of personal data security in online loan application activities because it concerns fundamental privacy for everyone. This phenomenon not only offers convenience in obtaining loan facilities but also creates problems, primarily related to personal data entered during registration and requests for access to several points of personal data when making loans through the application provided and vulnerable to being misused by third parties and even the platform. Alone. Based on the findings of normative juridical investigations conducted, borrowers' data is legally protected under the ITE Law and OJK regulations governing financial technology (fintech). In addition, administrative sanctions and criminal sanctions can be applied if personal data is violated. If an online lending business actor violates someone's data, the district court will sanction the customer or cybercrime perpetrator and revoke the fintech business license from the financial services authority (OJK)
Legal Protection for Creators in Copyright Infringement through E-Commerce Kornelis Agung Pringgohadi; Cindy Ayu Alvianti; Moch. Firman Adi Prasetyo; Levi Fernanda Taalungan
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.v5i2.319

Abstract

The background of this research is that numerous incidents of copyright infringement, such as piracy, theft, and plagiarism, occur on e-commerce platforms; this is obviously detrimental to the producer of an intellectual work. This research aims to find a form of legal protection for creators for copyright infringement of their intellectual works on e-commerce platforms. The research method used is the normative legal research method with a statutory and conceptual approach, where this method is used to analyze and study several regulations governing copyright infringement and violations in the field of information technology, as well as several legal books and journals that discuss protection law for creators, and e-commerce platforms. The result of this research is the discovery of 2 (two) forms of legal protection for creators of copyright infringement through e-commerce, based on Philips M. Hadjon theory of legal protection, namely: First, preventive legal protection implemented in the form of Copyright Registration as a form of certainty law for creators to obtain concrete evidence regarding ownership of their copyrights; and Second, repressive legal protection implemented in the form of Law no. 28 of 2014 concerning Copyright and Law no. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, which regulates ways to deal with copyright infringements by imposing sanctions in the form of Administrative Sanctions, Civil Sanctions, and Criminal Sanctions.
The Impact Law Number 16 of 2019 about Marriage Age Dispensation on The Child Marriage Gap Amrin Nurfieni
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.v5i2.330

Abstract

Child marriage in Indonesia is quite high. Child marriage is a form of violence against children and is a practice that violates children's basic rights as outlined in the Convention on the Rights of the Child (CRC). Child marriage limits access to essential services, including education and health services, and can have long-term negative impacts on children's well-being and life chances. The legal age limit for marriage in Indonesia is a minimum of 19 years. However, one of the policies in the Marriage Law is a loophole that supports the legality of child marriages, through the granting of dispensations by the Court. The number of requests for marriage dispensation at the Ambarawa Religious Court continues to increase. This data is a reference for the author in studying the impact of the enactment of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage, on children. This research uses normative juridical methodology, namely reviewing court decisions. As a finding, one of the impacts of the enactment of Law Number 16 of 2019 which amends Law Number 1 of 1974 concerning Marriage is the increase in the number of requests for marriage dispensation at the Ambarawa District Court, Semarang Regency. This increase reached 337%, with the average number of applications per month increasing from 7.44 to 25.07. Changes in the marriage age as stated in Article 7 regarding the minimum marriage age of 19 years are not effective in reducing the number of child marriages. So it is necessary to optimize the implementation of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Granting Marriage Dispensations to ensure that judges have clear procedures and structured steps in adjudicating marriage dispensation cases.
Navigating Constitutional Constraints: State Governance Practices of The Indonesian President Rahmat Syahid Suraya; Dmitry Ivanovich Pobedash
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 7 No. 1 (2025):
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.v7i1.332

Abstract

The focus of this study is to examine the substance of the president's authority restrictions in establishing constitutional governance in Indonesia. The president's limitation of power is connected to the president's restriction of authority. On the other hand, the president's power can be limited by the functional relationship between the president and the House of Representative Council (DPR), the Representative People Assembly (MPR), the Local Representative Council (DPD), and the Supreme Court (MA) and the Constitutional Court (MK). The study's findings indicate that the restricted content of the president's power can be viewed not only in terms of the president's time in office but also in terms of the content president's authority, i.e. restrictions on choosing state officers and restrictions on law-making and that the restricted content president power can be viewed in terms of the president's functional relationship with legislative and constitutive institutions.
Fairness Aspect in the Paroan System in the Mangar Society Martoyo Martoyo; Abdul Jabbar
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.v5i2.333

Abstract

This research was conducted on the Mangar society who have a system of cooperation in the form of "paroan agreements" which can be categorized as creative in drafting and implementing agreements. The social system of the Mangar society is quite interesting to explore because in the midst of a very exploitative agricultural and livestock management system, the Mangar society remains consistent in upholding justice by placing the position of farm laborers in a balanced way both in terms of roles and the distribution of benefits from managing the farm. The research method used in this research is qualitative research or field research. The results of this study indicate: (1) The paroan agreement form of the Mangar society is an oral agreement; (2) Implementation of the paroan agreement begins with an agreement between the two parties, namely the land owner and the manager. Then the implementation starts from clearing the land to harvesting; (3) The meaning of justice in the paroan agreement can be seen from: first, equal opportunity to help each other and obtain welfare between the parties. Second, there is a balance of rights and obligations. Third, there is appreciation based on the principle of mutual need. Fourth, in the distribution of profits based on mutually agreed agreements.
Compared to the Justice Procedure Act and the Kuhap Provision Providing Free Legal Advice to Suspects Muh Sutri Mansyah; Kaswandi Kaswandi; Sulayman Sulayman; Agus Agus; Rajasree Rajasree
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 6 No. 2 (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.v6i2.340

Abstract

The aim of the research is to examine the comparison of jinayat procedural law with kuhap in providing free legal advice to suspects, the method used is normative juridical with statutory and conceptual approaches, primary legal material: Aceh Qanun Number 7 of 2013 concerning Jinayat Procedural Law and Laws Number 8 of 1981 concerning Criminal Procedure Law, secondary legal materials: journal articles, books, etc. The analysis technique used is descriptive analysis and the interpretation used is grammatical and systematic interpretation. The results of the research show that in the procedural law of jinayat a person who is given the assistance of a legal advisor is threatened with 60 (sixty) lashes or 1200 (one thousand two hundred) grams of pure gold as a fine or 60 (sixty) months in prison or more or for those who cannot afford it. Meanwhile, the criminal procedure law limits the provision of legal advice to only suspects who face a prison sentence of five years or more and the death penalty or a sentence of fifteen years. In the future, the suggestion in this article is that the concept of free legal advisory assistance provided by the state must be provided to all suspects.
A Feminist Critique of the Practice of Polygamy in the Context of Islamic Law and Human Rights Suud Sarim Karimullah
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.v6i1.354

Abstract

This study aims to identify the impact of polygamy practices on women's welfare, consider the gender justice issues that arise, and evaluate its relevance in the context of an Indonesian society that increasingly recognizes and strives for gender equality. This study uses a library research method with a holistic literature analysis to explore the topic comprehensively with an interdisciplinary approach. The results of the study show that feminist criticism highlights that polygamy reinforces patriarchal structures that place women in a position of subordination and dependence, as well as creating competition between wives for attention and resources from husbands who often do not share their time and affection fairly. Although positive law in Indonesia requires the permission of the first wife and proof of the husband's financial capability and fairness in polygamy, its implementation is often weak and fails to protect women's rights. Feminist perspectives emphasize the need for strict and human rights-oriented legal reforms, with rigorous monitoring mechanisms and empowerment of women through education of their rights, as well as changes in social and cultural views on polygamy to create an inclusive and fair environment for all individuals regardless of gender.
Talak Ba'in Sughra Maslahah Perspective in Malaysia and Border Communities in Sambas, West Kalimantan Indonesia Asman; Asmak Ab Rahman
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.v6i1.394

Abstract

This research discusses the legal claims of wives to husbands Ma?hla?ah perspective on the border communities of Indonesia-Malaysia sambas West Kalimantan. This study was based on ma?hla?ah al-?haruriy?h, ma?hla?ah tahsiniyah and ma?hla?ah hajiyah. According to the school of Imam Shafi'i talaq ba'in shughra is also called khulu' where the husband is not allowed to reconcile with the wife during the period of iddah and the husband needs a new marriage contract in order to return to the wife who has mentalized with ba'in shughra. In order for this research to be directed and systematic, the subject matter is developed in the research question, namely: What is the benefit aspect of the wife's lawsuit to the husband from the perspective of ma?hla?ah? This type of qualitative research is field research with an Islamic legal approach. The informant in this study is the Malay Sambas community who are divorce perpetrators. Based on the results of the research obtained, that the causes of talaq ba'in shughra in Sambas based on data obtained from  the Malay Sambas community are, household economic problems so that the wife so that the wife is not fulfilled her rights, electrocution and continuous quarrels so that the wife cannot stand the situation and the husband leaves his wife and children for no reason so that there is no news so that the wife feels no Note.  with the talaq ba'in sugra there will be an element of harm for divorced couples in the Indonesian-Malaysian border communities, such as, it will disrupt the harmony of the family, and the husband cannot return to his ex-wife because the talaq bain sughra continues.

Page 6 of 8 | Total Record : 78

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