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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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Uncovering The Traces Of Freijer's Compendium: Historical Analysis And Its Role In Islamic Marriage Law In Indonesia Aulal Musyafiul Aliya Dewi; Nurwanti Nurwanti
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.v6i2.402

Abstract

The purpose of this study is to identify the role of the Freijer Compendium on marriage law in Indonesia. This research method uses normative legal research (doctrinal), a library research aimed at written regulations. In this case, it focuses on the main source, namely the Freijer Compendium manuscript, as well as literature related to marriage law in Indonesia. The results show that the Freijer’s Compendium influenced marriage law in Indonesia which is an integral part of fundamental human rights, because legal recognition and protection of the institution of marriage is essential in upholding the principles of equality and justice in society. Freijer's Compendium then shaped the general understanding of Islamic marriage and inheritance law in Indonesia and became the legal basis for the Ordonnantie op het Huwelijk van Inlanders (Bumiputera Marriage Ordinance) during the Dutch government which developed into the formation of Law No. 1 of 1974.
Comparison of Islamic Law and Human Rights; Navigating Consensus of LGBT in Thailand Aidatul Fitriyah; Muhammad Badat Alauddin
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.v6i2.406

Abstract

This research aims to examine the dynamics of law and human rights (HAM) related to the LGBT community in Thailand, with a focus on analysing the concept of Islamic epistemology on the social status impact of the idea of gender division in Thailand, theological and juridical comparison of human rights in accommodating LGBT, as well as challenges and efforts to harmonise Islamic law and human rights towards LGBT groups in Thailand. The methodology used is a qualitative approach involving normative and comparative legal analysis. The researcher collected a literature review of secondary data from relevant sources, including scholarly works, books, and legal documents. The results showed significant contradictions between Thailand's more inclusive concept of gender division and the binary nature of Islamic law. The research also uncovered Islamic theological underpinnings against LGBT and compared them with juridical approaches that protect LGBT human rights. It also explores the reconciliation process between Islamic law and human rights in accommodating LGBT through dialogue and stakeholder cooperation. From this research, it can be concluded that LGBT law and human rights tolerance involve a complexity of legal views, religious values, and human rights principles, reflecting ongoing challenges and debates within society and the legal system.
Dispute Resolution of Collateral Sale in Murabahah Contract Agi Attaubah Hidayat; Omar Khalid Bhatti; Hasan Bisri; Cucu Susilawati
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.v7i2.415

Abstract

This study analyzes Case No. 5/Pdt.GS/2021/PA.Sbg, addressing a contentious issue concerning the sale of collateral by the debtor. The sale of collateral occurred without the acknowledgment of the plaintiff’s claims regarding the seizure of the collateral and the establishment of auction rights. This research investigates the dispute surrounding a default under a Murabahah contract as discussed in the decision rendered by the Subang Religious Court (Case No. 5/Pdt.GS/2021/PA.Sbg). Furthermore, the study examines the application of Sharia economic law in resolving collateral ownership transfers, as outlined in the court’s decision. A normative legal methodology is employed, incorporating case law, statutory provisions, and conceptual analysis. The findings are as follows: first, the plaintiff’s lawsuit in Case No. 5/Pdt.GS/2021/PA.Sbg centered on the defendant's default in settling the financing agreement within the stipulated timeframe and the subsequent discovery of collateral sale. Second, the legal reasoning in Decision No. 5/Pdt.GS/2021/PA.Sbg is based on Islamic principles (Al-Qur'an), Fiqh rules, the Civil Code (KUH Perdata), the Civil Procedure Law (HIR), Law No. 4 of 1996 concerning Mortgage Rights, and Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations. Finally, the settlement of the case demonstrates the court's adherence to the principle of justice by granting the defendant an extension to fulfill the contract, in alignment with Q.S. Al-Baqarah verse 280. However, the case resolution did not fully apply the principles of justice, utility, and legal certainty in a balanced manner. This study analyzes Case No. 5/Pdt.GS/2021/PA.Sbg, addressing a contentious issue concerning the sale of collateral by the debtor. The sale of collateral occurred without the acknowledgment of the plaintiff’s claims regarding the seizure of the collateral and the establishment of auction rights. This research investigates the dispute surrounding a default under a Murabahah contract as discussed in the decision rendered by the Subang Religious Court (Case No. 5/Pdt.GS/2021/PA.Sbg). Furthermore, the study examines the application of Sharia economic law in resolving collateral ownership transfers, as outlined in the court’s decision. A normative legal methodology is employed, incorporating case law, statutory provisions, and conceptual analysis. The findings are as follows: first, the plaintiff’s lawsuit in Case No. 5/Pdt.GS/2021/PA.Sbg centered on the defendant's default in settling the financing agreement within the stipulated timeframe and the subsequent discovery of collateral sale. Second, the legal reasoning in Decision No. 5/Pdt.GS/2021/PA.Sbg is based on Islamic principles (Al-Qur'an), Fiqh rules, the Civil Code (KUH Perdata), the Civil Procedure Law (HIR), Law No. 4 of 1996 concerning Mortgage Rights, and Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations. Finally, the settlement of the case demonstrates the court's adherence to the principle of justice by granting the defendant an extension to fulfill the contract, in alignment with Q.S. Al-Baqarah verse 280. However, the case resolution did not fully apply the principles of justice, utility, and legal certainty in a balanced manner.
Unearthing Perspectives from Aristotle's Nicomachean Ethics and Islamic Adl: Discourse of Settler Colonialism in South Africa Saemah Shamim; Muhammad Muhammad Nasir
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.v6i1.416

Abstract

This study explores the enduring impacts of settler colonialism on contemporary South Africa, examining how it continues to shape issues of identity, citizenship, belonging, and social injustices. Moving beyond problem-solving, the research delves into ancient philosophical and Islamic ethical concepts of a just society. Two frameworks are compared: Aristotle's theories of justice, particularly from Books III and V of his Nicomachean Ethics (which cover the same material as Book IV of Eudemian Ethics), and the Islamic concept of Adl. By analyzing these frameworks and applying critical methods to South African discourse, including keynote speeches, the study aims to develop a more robust understanding of justice in the context of settler colonialism's lasting inequalities. This paper seeks to articulate and expand the conceptual understanding of these two frameworks, providing a richer philosophical and normative picture to inform current discussions on the legacy of settler colonialism. The study employs a qualitative approach, using document analysis, comparative analysis, and critical methods to analyze data. These methods are used to discuss the presented theories of justice. Additionally, in the South African setting, keynote speeches were analyzed as primary data.
Authority of Customary Village Heads in Bali from a Positive Legal Perspective at the Local Level Dewa Krisna Prasada; Kadek Ray Sulyantha; Ida Bagus Arya Lawa Manuaba; I Putu Duta Krisna Dvaipayana
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.v6i2.424

Abstract

Customary villages are an integral component of a nation, especially Indonesia. The customary village in the Province of Bali is a village that preserves cultural traditions and retains the traditional village governance system. The heads of customary villages in Bali are granted local authority under Law Number 6 of 2014 and Bali Provincial Regulation Number 4 of 2019, which pertain to customary villages. Nevertheless, a legal problem arises due to the lack of clarity regarding the authority of local-scale legislation mentioned above. This leads to overlapping and discriminatory actions by traditional village leaders in Bali. This study examines the limits of local-scale jurisdiction in the autonomy of customary village heads in Bali from a legal standpoint. This study employs a normative research methodology, utilizing a statute approach and analyzing legal concepts. The sample in this study uses primary legal materials, specifically laws and regulations, from Indonesia. The methodology employed in this work involves using prescriptive legal analysis approaches. This study finds that the jurisdiction of customary village heads in Bali is constrained by the notions of authority and local context. The authority of the head of the customary village encompasses traditional, cultural, religious, and economic activities, all confined to the territory or land controlled by the customary village. Contribution of this research  to enhance the comprehension of indigenous village chiefs in Bali on the local jurisdiction of indigenous leaders, so preventing legal discrepancies that may result in overlapping authority and prejudice within the community.
A Netnography and Contemporary Islamic Family Law Studies on the Controversy of Period Sex Trends on Social Media Twitter (X) Auliya Ghazna Nizami; Muhammad Haidar
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.v6i2.429

Abstract

This study discusses the conversations of cyber citizens, specifically the social media Twitter (X), about the phenomenon of menstrual sex trends and how Islamic family law responds to netizens' discussions about the trend.   This research is a normative-empirical legal research. The results of this study show at least two main findings. First, the form of netizens' responses to the thread raised by Andrea Gunawan (@catwomanizer) varies. The first group states that even with the help of a device that prevents menstrual bleeding during sexual intercourse, it does not abort haram. Another group's response stated otherwise, if women who have more potential to be disadvantaged have been declared to be close to zero risk, as long as there is consent from both parties, then sexual intercourse can be carried out. Meanwhile, many other groups responded to this trend by asking the thread owner again and showing a neutral attitude of not judging the arguments made by the account owner. Second, Islamic law has clarity of attitudes and rules related to sexual behavior. There are no exceptions regarding the rules of sexual intercourse during menstruation. Normatively, Islamic law states that women who are menstruating should not be approached by their partners. Approaching in this case means sexual intercourse with the meeting of two genitals. Even if it is under the pretext and excuse that medical risks have been dealt with with the presence of certain tools, it still does not invalidate the original law.
Unity in Diversity : A Study of Schools of Islamic Jurisprudence Abdul Hameed Badmas Yusuf; Ismail Danjuma Yusuf
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.v7i1.430

Abstract

Islamic jurisprudence (Fiqh) is human understanding of Islamic law (Shari’ah) which is divine in nature. As major sources of Islamic law, both Qur’an and Sunnah address fundamental issues, leaving out detailed matters for human interventions to decide on in the light of general principles generated from the primary sources. This paves the way for Ijtih?d as an intellectual process undertaken by a master-jurist (mujtahid) who derives legal rules from the sources of Islamic law. Thus, the emergence of different schools of Islamic thought a natural outcome of Ijtih?dat (pl. Ijtih?d) of leading jurists of major schools of thought. All the schools of Islamic jurisprudence, especially the four dominant ones, employed distinct principles which appear mutually antagonistic. Yet, beneath these diverse principles is uncompromising unity of sources and purpose. This paper seeks to study juristic principles of the four famous schools of Islamic jurisprudence, namely Hanafi, Maliki, Shafi’i, and Hanbali Schools of legal thoughts. It employs a doctrinal research method, alongside inductive and analytical methods. The paper finds that despite their divergent positions on different legal issues, the eponyms of these schools of thought were united in many respects: they subscribed to the same primary sources, discouraged dogmatism (Taqlid), and charged their disciples to evaluate their opinions against the primary sources of the Shari’ah. Above all, it was obvious that each of those pious jurists was driven by sincerity of purpose and the desire to unravel the legal rule of Islamic law. In essence, this is unity in diversity.
The Essence of Marriage Agreement as Protection in the Indonesian Marriage Law System Akhmad Kamil Rizani; Muchimah Muchimah; Reza Noor Ihsan; Aris Sunandar Suradilaga
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.v6i2.431

Abstract

The purpose of this research is to know and understand the essence of a marriage agreement by a married couple in an effort to create a harmonious family. Indonesia, through Law Number 16 of 2019 concerning Amendments to Marriage Law Number 1 of 1974 concerning Marriage Article 29, regulates the time and object of marital agreements made by married couples. The research methodology used in this research is normative research (library research), using a statutory approach. The findings of this study show that a marriage agreement is an important legal instrument in providing protection and justice for married couples. Through this agreement, couples can formulate agreements regarding their respective rights and obligations, especially regarding property management and financial responsibilities, and create a more equal and fair relationship. In addition, the marriage agreement also acts as preventive and repressive legal protection, which can prevent conflicts and provide guidelines for settlement if disputes arise. Thus, a marriage agreement not only protects the rights of the spouses but also serves as a progressive and adaptive legal protection mechanism for changing times, providing an important guarantee of legal certainty for the parties to the marriage.
Adaptation of Siyasah Fiqh as a Strategy to Prevent Money Politics in Elections Hilmi Ridho; Aizat Khairi; Abdul Mujib; Sageer Ahmed
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.v6i2.434

Abstract

One of the election violations that often occurs during the run-up to general elections in Indonesia is the rampant practice of money politics. In the 2024 elections, 29 provinces are prone to cases of money politics with a moderate category level and 5 provinces with a high level of vulnerability. The purpose of this research is to find out the forms and main factors of money politics, to analyze whether money politics is the same as bribery (risywah) in Islamic law and its framework, and to find out the role and strategy of Bawaslu in preventing the practice of money politics in the run-up to the election. This research method uses normative legal research, which is a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. The conclusion of this research shows that the form of money politics can be in the form of money, goods, and services. The main factors are influenced by the thirst for glory, the low economy of the community, the lack of knowledge about politics, and the strength of tradition. According to fiqh siyasah, the practice of money politics includes the act of risywah (bribery) based on the Qur'an, Hadith, and the opinions of scholars. Four strategies must be carried out by Bawaslu, namely; first, overseeing the election and reporting when violations occur. Second, coordinate with internal and external parties. Third, conduct offline and online socialization about the dangers of money politics. Fourth, reconstructing the regulation of criminal acts of money politics that have a deterrent effect, disqualifying election participants, giving strict sanctions to the success team, and providing guarantees of protection and rewards to the reporter.
Controversial Phenomenon of The Freedom to Buy and Sell Contraceptives in Palangka Raya Ajeng Hijriatul Aulia; Ibnu Elmi A. S Pelu; Nyimas Tasya Farhana; Muhammad Luthfi Setiarno Putera
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.v7i1.446

Abstract

This study examines the controversial phenomenon of the freedom to buy and sell contraceptives in Palangka Raya, which is linked to the impact of unrestricted contraceptive distribution policies on vulnerable groups, particularly adolescents. According to data from the Central Statistics Agency (BPS) in 2021, Central Kalimantan has a relatively high early marriage rate, which has contributed to an increase in pregnancies at young ages. In this context, the researcher criticizes Nur Fadlan’s view in his study arguing that the sale of contraceptives should not be restricted based on age or marital status, providing the sales agreement meets the conditions and pillars of sharia law. This opinion is considered to be in contradiction with the realities on the ground, where the freedom to access contraceptives, especially among adolescents who are not physically or mentally ready, can lead to negative consequences such as unwanted pregnancies and other health risks. Therefore, the researcher argues that the unrestricted sale of contraceptives without age or marital status limitations needs to be reconsidered. This study recommends updating policies to be more selective and protective, such as implementing age restrictions and requiring guidance from healthcare professionals during the contraceptive distribution process, to protect adolescents’ health and well-being. Strengthening oversight of contraceptive distribution should also be carried out in accordance with the provisions of Article 31 Paragraph (1) of Government Regulation Number 87 of 2014 to ensure the policy effectiveness in protecting younger generations from potential health risks.

Page 7 of 8 | Total Record : 78

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