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Lukman Santoso
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Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
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INDONESIA
Jurnal Kajian Hukum dan Sosial
Published by UIN Kiai Ageng Muhammad Besari Ponorogo
ISSN : 16935926     EISSN : 25027646     DOI : 10.21154/justicia
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and issues related to comparative legal systems and constitutional law in Muslim-majority countries.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 18 No 1 (2021)" : 10 Documents clear
The Implementation of Presidential Decree on Gender Mainstreaming: Insight from IAIN Ponorogo Rohmah Maulidia
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.1841

Abstract

This paper examines universities' role in achieving Sustainable Development Goals (SDGs) targets by conducting field research and using a policy theory approach. Theoretically, the successful policy implementation depends on several aspects such as communication, the availability of resources, the disposition, and the character of the bureaucracy. This study found that the State Institute for Islamic Studies (IAIN) Ponorogo contributed to implementing SDGs, especially in quality education and strengthening gender equality. However, the institution did not explicitly formulate other SDGs goals. Communication between the Institute for Research and Community Service (LPPM) as the leading sector for gender mainstreaming and leadership is manifested in the strategic plan and formal and informal meetings. Resources owned by IAIN Ponorogo in human resources and social capital are sufficient, which can be found from the active involvement of mass organizations of Fatayat, Muslimat, and Aisiyah in gender strengthening activities. The rector of IAIN Ponorogo is collaborating with the Ministry of Women and Child Protection (KemenPPPA) in realizing gender equality implementation agendas. Meanwhile, the bureaucratic structure that has been developed so far tends to be egalitarian and democratic. In preparing the Strategic Plan and the Master Plan (RIP), IAIN held a hearing with IAIN Ponorogo stakeholders, including the Academic Senate, which provides considerations for higher education policies. The problem is that the IAIN Ponorogo leader has not intensively monitored the targets for achieving gender equality, especially the other targets for achieving the SDGs. Tulisan ini mengkaji lebih dalam bagaimana peran perguruan tinggi dalam pencapaian target SDGs, dengan cara melakukan field research dan menggunakan pendekatan teori kebijakan. Secara teoritik kesuksesan kebijakan sangat tergantung pada beberapa aspek seperti komunikasi, adanya sumber daya, disposisi dan watak birokrasi. Kajian ini menemukan bahwa IAIN Ponorogo turut berkontribusi melaksanakan pembangunan berkelanjutan, khususnya pada pendidikan berkualitas dan penguatan kesetaraan gender, tetapi belum secara eksplisit merumuskan tujuan SDGs yang lain. Komunikasi antara Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) sebagai leading sector pengarusutamaan gender dengan pimpinan diwujudkan dalam renstra, juga dalam rapat formal maupun informal. Sumber daya yang dimiliki IAIN berupa sumber daya manusia maupun sumber daya sosial (social capital) sangat cukup. Terlihat dari keterlibatan aktif ormas Fatayat, Muslimat, Aisiyah dalam kegiatan gender di kampus. Adapun disposisi dalam arti komitmen dapat dilihat dari LPPM dan pimpinan IAIN menggandeng Kementerian Perlindungan Perempuan dan Anak (KemenPPPA) dalam mewujudkan agenda-agenda implementasi kesetaraan gender. Sedangkan struktur birokrasi yang dikembangkan selama ini cenderung egaliter dan demokratis. Dalam penyusunan renstra dan Rencana Induk Pengembangan (RIP), IAIN melakukan rapat dengar pendapat dengan stakeholder IAIN, termasuk dengan Senat Akademik sebagai lembaga pemberi pertimbangan kebijakan perguruan tinggi. Persoalannya adalah pimpinan lembaga IAIN belum secara intensif melakukan monitoring terhadap target pencapaian kesetaraan gender, terlebih target pencapaian SDGs yang lain. Kajian ini berkontribusi pada gagasan PTKI untuk lebih responsif terhadap SDGs
The Settlement Principles and Effectiveness of Divorce by Mediation of Islamic Civil Perspective: A Critical Review of the Supreme Court Regulation Abdullah Taufik
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2139

Abstract

Mediation of divorce is expected to be able to suppress the settlement of the case peacefully. In principle, based on the Elucidation of Law Number 1 of 19 74 concerning Marriage, marriage aims to form a happy and eternal family. Therefore, it is urgent to find mediation pillars in resolving divorce cases. To find the idea in response to these problems, there are three approaches: 1) laws and regulations, by examining them that relate to divorce settlement through mediation in religious courts; Supreme Court Regulation Numb. 1 of 2016, Civil Procedure Code. 2) from the view of experts/scholars, the conceptual approach is used to find ideas by building concepts and arguments according to the issues to be examined to find the efficiency in the implementation of mediation. 3) Philosophy, studying literacy related to the theme of the study to capture philosophical content in finding the pillars of mediation in the study of Islamic civil law. The findings in this study are the pillars of mediation whose relevance to divorce disputes should be stated: 1) Essence of Deliberation to reach an agreement. 2) The essence of mutual forgiveness is to end the dispute. 3) The essence of respecting the rights of others, of avoiding the nature of egoism. 4) The essence of justice is giving equal opportunity to speak to each other so that both parties have the same rights. The efficiency of the mediation implementation in the settlement of divorce can be achieved by mediating: 1) Regarding the care and education of children, 2) the cost of living of ex-wife, and 3) guarantee for the maintenance of the joint property after the termination of a marriage.
Pre-Project Selling in a Property Business: The Perspective of Islamic Law Agus Sekarmadji; Regine Wiranata; Oemar Moechthar
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2247

Abstract

Actors in the real estate market have developed a marketing strategy in the form of pre-project selling. This strategy is conducted to perform a market test for any property a developer intends to market. However, in practice, the system often poses problems, such as misrepresenting the property and inflicting customers' financial losses. From the perspective of Islamic law, this type of transaction is characterized as gharar (uncertainty, deception, and risk), having no exact object, and having forbidden. This article uses a Sharia-based perspective to analyze the characteristics of pre-project selling. This research aims to determine the legality of pre-project selling under Sharia law and prescribe solutions for society. The method used in this article is legal research, using legislation-based, conceptual, and case-based approaches, along with a comparison of national legislation with the written text of the al-Qur’an and hadith. The paper concludes that while pre-project selling should not be legally banned, there need steps taken to reduce its risks. This could be applied, for example, by creating minimum prerequisites for allowing pre-project selling, such as the existence of a plot for construction or the requirement of permits to be obtained before the pre-project sale. This research contributes to the development of legal science in general and Islamic jurisprudence, especially regarding Islamic law agreements' validity.
Repositioning the Independence of the Indonesian Waqf Board in the Development of National Waqf: A Critical Review of Law No. 41 of 2004 Concerning Waqf Rimanto Rimanto; Sonny Zulhuda; Agus Hermanto
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2303

Abstract

Juridically, the laws and regulations have weakened the Indonesian Waqf Board (BWI) in the regulation of waqf so that the set goals of the Indonesian Waqf Board have not been fully achieved, including advancing and developing national waqf. Other institutions' overlapping management and supervision of waqf is suspected of causing BWI’s duties and authorities’ inadequacy. Besides, several crucial problems, including the Indonesian Waqf Board (BWI), have implications for the stagnation of BWI provisions’ implementation. These regulations have not been followed by the Indonesian Muslim community as a whole. Examining why the Indonesian Waqf Board cannot function correctly is interesting. This study’s objective was to find ideal constructions about BWI's position, duties, and authorities in advancing and developing national waqf. This study was a scientific evaluation with its qualitative-descriptive-analytical characteristics. The method used was qualitative analysis, and the results were presented descriptively. The pattern of reconstructing authority of the Indonesian Waqf Board (BWI) was a study of Law Number 41 of 2004 concerning Waqf so that articles were compiled to lead to a genuinely independent, credible, and robust board in the governance of the Republic of Indonesia. Besides, it is necessary to have accreditation for BWI so that its management’s standardization is credible.
The Role of North Aceh Government for Building Women's Capacity Based on Islamic Values in Vocational Village Malahayati Malahayati; Laila M Rasyid
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2308

Abstract

Women have potential contributions to engage in productive activities and can help the family economy. A vocational village is a village setting a model for developing its local resources to improve inhabitants' quality of life, especially women in the village in North Aceh District, without leaving their Islamic values. This article described the role of government in enhancing women's capacity and local potential in the vocational village with Islamic values using the empirical methodology. Data is obtained based on field research through purposive sampling collected by interviews with informants using qualitative analysis data. This study found that several training initiatives had been carried out to increase women's capacity, such as training in embroidery, handicrafts, etc. However, these initiatives were not based on the potential components that live in the village. Furthermore, Islamic values in the community in encouraging women in North Aceh have experienced a shift in Pande Village. This study recommends more efforts to increase women's potential by promoting and exhibiting local products for empowering women in villages based on existing prospects without leaving Islamic values.
Towards New Sharia Governance for Islamic Financial Institutions Abdulazeem Abozaid
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2341

Abstract

Since its inception a few decades ago, the Islamic banking and finance industry has been regulating itself in terms of Sharia governance. Although some regulatory authorities from within the industry, such as the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB), the Islamic banking and finance industry remains largely self-regulated. This is because none of the resolutions or the regulatory authorities' standards are binding on the Islamic financial institution except when it willingly chooses to bind itself by them. Few countries have enforced some Sharia-governance-related regulations on their Islamic banks. However, in most cases, these regulations do not go beyond the requirement to formulate some Sharia-controlling bodies, which are practically left to the same operating banks. Furthermore, some existing regulatory authorities' standards and resolutions are conflicted with other resolutions issued by Fiqh academies. The paper addresses those issues by highlighting the shortcomings and proposing the necessary reforms to help reach effective Shariah governance that would protect the industry from within and help it achieve its goals. The paper concludes by proposing a Shariah governance model that should overcome the challenges addressed in the study.
Indonesian Political Kleptocracy and Oligarchy: A Critical Review from the Perspective of Islamic Law Anita Marwing
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2352

Abstract

This study discusses corruption in the Indonesian political system from Islamic law, particularly regarding the Kleptocracy and political oligarchy. One of the most basic corruption causes comes from an internal personality factor, human character: greed and wasteful. Additionally, some factors also come from human external factors, namely the perpetrators' coercion, because they are tied to a system. Corruption is carried out by individuals and in cooperation/conspiracy between the bureaucracy, corporations, and political parties. Elites called them Kleptocracy and political oligarchy. This research is descriptive qualitative research with an approach based on legal analysis. This research has found several things. First, corruption in the Indonesian political system can be categorized into acts of Ghulul (treachery), Risywah (Gratification/bribery), Khiyanah (Unfaithful), Sariqah (theft), and Hirabah (Grand Theft/ Robbery). Second. From an Islamic perspective, the strategy to eradicate corruption can be carried out by imposing sanctions, including sanctions in the world's dimensions and the hereafter. This research encourages strengthening the socio-religious system, especially among religious leaders, as a preventive and curative form of handling corruption in the political system in Indonesia.
Application of Halal Certification by Indonesian Ulema Council on Electronic and Non-Consumption Products: Maslahah Perspective Zarul Arifin; Hatoli Hatoli
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2397

Abstract

The background of this research is indications from those who criticize the granting of halal certification on electronic and non-consumption products. At the same time, critics say that the granting of halal certification is only a religious capitalization, the mode of following the MUI trend, getting fees. Some say that this is a misperception. This research was conducted in August 2019. This study analyzes how MUI halal certification is in electronic and non-consumption products and how halal certification in electronic and non-consumption products is in perspective. This type of research is field research with an empirical sociological approach and descriptive qualitative research. Data collection techniques are literature, interviews, and documentation based on secondary sources from dictionaries, brochures, expert opinions, and religious leaders. Based on the study results, it is concluded that the application of MUI halal certification in electronic products is still voluntary, so there is no mandatory (obligation) from business actors to register their products in obtaining halal certification. The application of MUI halal certification in electronic and non-consumer products, firstly for refusing mudharat, must take precedence over taking little benefit. Secondly, for companies or producers, applying for halal certification aims to provide a sense of security and comfort in the community and increase the added value of their products. Finally, the existence of halal products, even though they are non-consumption, besides having benefits for people because they are more confident in the products used, also benefits the company and fulfills the provisions in the Act. Theoretically, this research's benefits are expected to provide reading sources and guidelines for developing science, especially in Islamic law related to halal certification by the Indonesian Ulema Council on electronic and non-consumer products. Practically, the results of this study are expected to provide clear information to the public regarding the application of halal certification by the Indonesian Ulema Council on electronic and non-consumption products. 
Qawaid al-Fiqhiyyah Analysis on the Prohibition of Monopoly Practices and Unfair Business Competition: A Critical Review Ahmad Lutfi Rijalul Fikri
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2466

Abstract

Qawa'id Al-Fiqhiyyah is essential in identifying new problems that arise for analysis, whether they follow Islamic law or not. The purpose of forming qa'idah-qa'idah in realizing Maqashid al-Sharia in protecting community property rights must be implemented in every statutory regulation or established by the government. This article examines and analyzes the prohibition of monopolistic practices and unfair business competition in Law No. 5 of 1999 using several qawa'id al-fiqhiyyah. This paper's study is based on literature data analyzed using qualitative research methods with a multidisciplinary approach. This study concludes that the Law on the prohibition of monopoly and unfair business competition in Law No. 5 of 1999, which contains the prohibition of control of production and marketing, the prohibition of fraud/ conspiracy, and the prohibition of using a dominant position under qawa'id al-fiqhiyyah, among others, namely the rules that say La Yahtakiru illa Khathi'un, an-Najasyu Haramun, and at-Tas'ir. The conformity of the objectives of laws and regulations with the establishment of qa’idah-qa’idah is something that the government must maintain in the Draft Law on the Prohibition of Monopolistic Practices and Unfair Business Competition, which is being programmed by the House of Representatives (DPR) of the Republic of Indonesia, so the purpose of being able to maintain community property rights can be implemented in this Law.    
Diversity in Determining Maturity Age in Indonesian Law: Maqashid al-Sharia Perspective Ali Sodiqin; Al-Robin Al-Robin
Justicia Islamica Vol 18 No 1 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i1.2621

Abstract

This article explores the emergence of diversity in determining the age of maturity in Indonesian laws, particularly in civil, penal, marriage, and citizenship laws. Maturity is a crucial element in determining a legal act. Therefore, the diversity of its determination can lead to overlap and ambiguity in determining the validity of legal action and legal accountability. This raises the question of why there is a difference in the determination of maturity age and its factors. This diversity problem is analyzed in maturity age using the maqashid al-sharia approach, using Jasser Auda’s system theory. The study shows that differences in legal proficiency required cause differences in the determination of maturity age in legislation, a legal paradigm used as a basis, and differences in the law's scope. From the maqashid al-sharia perspective, maturity age occupies a position as a wasilah or a strategy to achieve legal purposes, thus allowing for diversity. The more interests are protected, the higher of age is set. The diversity of maturity ages has an interrelated hierarchy without causing any contradictions between laws. The maturity age difference is intended to fulfill legal authority requirements, proficiency to act, and authority to act, with their specifics.

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