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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 84 Documents
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Rights-Based and Environmental Approaches to Water Scarcity Mitigation: A Comparative Analysis of Water Governance in Indonesia and India Putu Wahyu Widiartana; Roqiyul Maarif Syam; Dewa Krisna Prasada
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 8 No. 1 (2026)
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.v8i1.477

Abstract

This article examines the legal issue of water scarcity mitigation through rights-based and environment-based water governance in Indonesia and India. The central problem is how the normative recognition of the right to water and environmental protection can be translated into operational, measurable, and accountable public policy instruments, particularly for controlling groundwater extraction and preventing scarcity before crisis occurs. This study uses normative-conceptual legal research based on secondary legal materials, including legislation, constitutional provisions, policy documents, court-oriented doctrinal materials, and scholarly literature. The analysis applies statutory, conceptual, and comparative approaches, supported by the theory of the human right to water, ecological sustainability, accountability, and multi-level water governance. The findings show that Indonesia has a strong constitutional and statutory foundation for water governance, but its implementation remains constrained by fragmented authority, weak extraction data, administrative licensing, limited monitoring, inconsistent sanctions, and insufficient transparency. India, while also facing regulatory fragmentation, provides comparative lessons through rights-oriented jurisprudence, aquifer mapping, data-driven groundwater management, and community-based monitoring. The novelty of this article lies in proposing a binding reform framework that integrates three pillars: minimum water needs and protection of vulnerable groups, measurable ecological limits, and accountable governance through open data, licensing control, monitoring, participation, and enforceable sanctions. This framework contributes to debates on the policy-implementation gap, justiciability of water rights, and institutional design for sustainable water scarcity prevention.
The Human Resources Department as An Instrument of Corporate Legal Compliance Ni Putu Ega Maha Wiryanthi; Luh Putu Yeyen Karista Putri
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 8 No. 1 (2026)
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.v8i1.478

Abstract

This article examines the legal issue of repositioning the Human Resources Department (HRD) as an operational instrument of corporate legal compliance in employment governance. The central problem is how HRD can translate labour law obligations into daily work processes that produce valid, traceable, and auditable evidence of compliance, particularly to prevent employment disputes, administrative sanctions, and corporate liability. This study uses normative/doctrinal legal research based on primary and secondary legal materials. The analysis applies statutory and conceptual approaches, supported by legal entity theory, legal compliance theory, Good Corporate Governance principles, and the Three Lines of Defence framework, with a limited comparative reference to Singapore’s employment fairness regulation. The findings show that many HRD activities, including recruitment, employment contracts, wages, working hours, social security, occupational safety and health, discipline, and termination, have direct legal consequences and must therefore be managed as compliance-control processes. The study also finds that labour compliance cannot rely on administrative checklists alone because compliance must be evidenced through systematic documentation, record management, audit trails, monitoring, and independent assurance. The novelty of this article lies in formulating the HR Legal Compliance Cycle, a norm–process–evidence model that positions HRD as the first-line process owner and producer of compliance evidence, while legal, risk, compliance, and internal audit units function as review and assurance mechanisms. This model contributes to corporate governance scholarship by integrating employment law, compliance control, evidentiary readiness, and operational accountability into a single framework.
The 2026 Muhammadiyah Fatwa and OJK Regulations on Crypto Assets: A Comparative Legal Analysis Diantara Purnama; Theta Murty; Fajar Nuril Ilmi
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 8 No. 1 (2026)
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.v8i1.482

Abstract

This study analyzes the legal convergence and harmonization potential between the Muhammadiyah Fatwa of 2026 on crypto assets and OJK Regulation Number 27 of 2024 (POJK 27/2024) within Indonesia's national legal framework. Employing a normative juridical method with statutory and comparative approaches, this study examines two primary legal instruments: the Muhammadiyah Fatwa of 2026 issued by the Tarjih and Tajdid Council of the Muhammadiyah Central Committee, which reconceptualizes crypto assets through the māl mutaqawwam framework, and POJK 27/2024, which reclassifies crypto assets from commodities under Bappebti to digital financial assets under OJK supervision. The study finds three principal results. First, the Muhammadiyah Fatwa of 2026 permits crypto assets as tradable property when they cumulatively fulfill utility, digital storability, and social recognition through 'urf, while prohibiting their use as a means of payment and banning specific transaction mechanisms including futures trading, margin trading, short selling, and pump-and-dump practices. Second, POJK 27/2024 establishes binding obligations in governance, market integrity, and consumer protection, yet contains critical regulatory gaps, including the absence of a Sharia-based transaction classification, the absence of staking and airdrop regulations, and unresolved categorization inconsistencies that generate legal uncertainty for Muslim consumers. Third, the comparative analysis identifies four substantive convergences between the two instruments and proposes a three-pillar operational harmonization model: formal establishment of a Sharia-compliant crypto transaction classification within POJK 27/2024, institutionalization of periodic OJK–DSN-MUI coordination mechanisms, and mandatory Sharia-compliance disclosure obligations for licensed crypto asset traders. This model offers a concrete institutional pathway for integrating Islamic normative standards into Indonesia's positive legal framework, while positioning Indonesia as a reference model for Sharia-compliant crypto governance globally.
Global Welfare Agenda in Old Oil Well Management: A Maqāṣid Perspective and Jurisprudence of Equitable Energy Indah Febriani; Raissa Soamanjary
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 8 No. 1 (2026)
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.v8i1.483

Abstract

This study examines the urgency of fulfilling the rights of masyarakat lingkar tambang (mining-ring communities) in the governance of old oil wells in Indonesia, focusing on Babat Toman, Batanghari Leko, and Bayung Lencir Subdistricts in Musi Banyuasin Regency, South Sumatra. It adopts a normative Islamic framework grounded in maqāṣid al-sharīʿah (objectives of Islamic law) and Muhammadiyah’s Jurisprudence of Equitable Energy. Employing a socio-legal qualitative approach, the study analyzes the intersection between regulatory frameworks, social justice, and Islamic ethical principles in natural resource governance. The findings reveal that, despite the existence of regulatory instruments such as Ministry of Energy and Mineral Resources Regulation No. 1 of 2008, the distribution of benefits from old oil well exploitation remains inequitable, with limited socio-economic impact on surrounding communities. This condition reflects a gap between legal norms and their implementation in practice. From the perspectives of maqāṣid al-sharīʿah and the Jurisprudence of Equitable Energy, the state and resource operators hold both moral and legal responsibilities to ensure justice (ʿadl), public welfare (maṣlaḥah), and the protection of essential human interests, including life (ḥifẓ al-nafs), property (ḥifẓ al-māl), and the environment (ḥifẓ al-biʾah). This study argues that strengthening legal frameworks and implementing community empowerment initiatives are crucial to addressing these disparities. Integrating Islamic ethical principles into energy governance is essential to fostering a more inclusive, sustainable, and equitable energy system that upholds human dignity and promotes meaningful local participation.

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