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Lukman Santoso
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justicia@uinponorogo.ac.id
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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
 1 
Search results for , issue "Vol 22 No 2 (2025)" : 10 Documents clear
KONVERGENSI ANTARA RESTORATIVE JUSTICE DENGAN AL-'AFWU UNTUK PEMBARUAN HUKUM ACARA PIDANA DI INDONESIA: Reforming Criminal Procedure Law in Indonesia Khamim Khamim; Moch. Choirul Rizal; Andi Ardiyan Mustakim
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.9807

Abstract

Digital transformation in rural areas through the Smart Village concept has become a key strategy in sustainable development. Ministerial Decree No. 55 of 2024 on General Guidelines for Smart Village Development serves as the legal foundation for implementing the Smart Village policy, which aligns with the achievement of the Sustainable Development Goals (SDGs). By limiting the regulatory analysis to Ministerial Decree No. 55 of 2024, this article examines: (1) data standards and connectivity, (2) data protection and privacy, (3) financing and procurement, and (4) multi-stakeholder collaboration. The assessment of policy success is framed through five maqashid al-shariah dimensions: hifz al-din (ethical and inclusive governance), hifz al-nafs (health, safety, and food security), hifz al-aql (education and digital literacy), hifz al-nasl (family welfare and environmental sustainability), and hifz al-mal (economic empowerment and asset governance). Specifically, we contextualised our findings through case studies of Ponggok and Grajagan. The findings indicate that although the legal framework is clear, it remains limited to symbolic information and technology (ICT) infrastructure projects. Law enforcement and legal culture, which require partnerships among village officials, facilitators, and residents, receive insufficient attention. Other barriers include human resources, weak digital infrastructure, and poor coordination across actors. We recommend issuing a Village Regulation (Perdes) to operationalise Ministerial Decree No. 55 of 2024, which establishes data standards that are connected and easy to use, includes data protection clauses, and appoints trained village digital stewards. This study is intentionally limited to Ministerial Decree No. 55 of 2024; other regulations are noted as limitations and avenues for future research.
Artificial Intelligence in Indonesia’s Financial Sector: Regulatory and Islamic Law Perspectives Sholahuddin Al-Fatih; Putri Shafarina Thahir; Nafik Muthohirin; Norhasliza Ghapa
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.10479

Abstract

The Indonesian financial sector still faces fundamental challenges in the form of low investor participation, technological limitations, cyber risks, and regulatory uncertainty that affect banking and Islamic finance. This study positions Artificial Intelligence (AI) as a transformational solution to improve efficiency, mitigate risk, and protect consumers. The method employed is prescriptive legal research on regulations, including the Electronic Information and Transactions Law, the Personal Data Protection Law, and OJK Guidelines, which are analysed within the framework of Islamic law and legal effectiveness theory. The findings indicate that the application of AI has the potential to enhance risk assessment, fraud detection, portfolio optimisation, and market forecasting when supported by a robust legal framework. This study confirms that compliance with maqāṣid al-shariah, particularly ḥifẓ al-māl, justice, and amanah, will ensure that AI is used ethically to achieve transparency and data protection. Therefore, it is necessary to formulate an AI bill, strengthen the role of the OJK, and prepare a special fatwa from Islamic authorities to ensure the responsible implementation of AI in Indonesia's financial sector.
Orthodoxy and Heresy in the Thought of Nūr al-Dīn al-Rānīrī : Shaṭaḥāt, Takfīr, and the Boundaries of Shariah Arfan Arfan; As'ad As'ad; Edi Kurniawan; Massuhartono Massuhartono; Ghina Nabilah Efendi; Mukhlas Nugraha
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.10808

Abstract

The theological debate in Aceh in the 17th century, particularly the accusations of heresy and infidelity directed by Nūr al-Dīn al-Rānīrī against the Wujudiyah group, reflected the tension between shariah, sufism, and creed. This issue is relevant to revisit because it is not only an essential part of the intellectual history of Islam in the archipelago, but also has strong resonance in contemporary takfīr discourse that impacts the religious practices and socio-legal order of Muslims. This study aims to analyse al-Rānīrī's accusations through the parameters of shariah, particularly in relation to shaṭaḥāt (ecstatic expressions), while also examining its significance in modern debates regarding the limits of faith and the practice of excommunication. Using a literature review method and al-Fatḥ al-Mubīn as the primary source, this study found that al-Rānīrī's verdict was based on the assumption that Wujudiyah rejected the obligations of prayer and fasting. However, a textual analysis of Hamzah Fansuri's thought showed that what is meant was only the condition of Sufis in a state of unconsciousness, which in fiqh is considered a matter of khilafiah (disagreement). Therefore, the accusations of bid'ah and kufr do not have sufficient legal legitimacy. This finding confirms that the discourse of takfīr is not only a historical problem, but also has significant socio-legal implications in contemporary times, both through institutional fatwas and the narratives of transnational groups that have the potential to give rise to stigmatisation and social conflict.
Reconstructing Islamic Legal Epistemology: The Performative Logic of Ijtihād Irshādī in the Lajnah Bahtsul Masā’il of Pesantren Lirboyo Muhammad Ibtihajuddin; Iffatin Nur; Ahmad Muhtadi Anshor; Asmawi Mahfudz; Rifa'atul Mahmudah
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.10927

Abstract

This article examines the epistemological and performative construction of Ijtihād irshādi at the Lajnah Bahtsul Masail (LBM) of Pesantren Lirboyo as a paradigm that repositions fatwa not merely as juridical determination, but as ethical discourse shaped through communicative, pedagogical, and socially embedded reasoning. Responding to contemporary socio-religious issues such as domestic violence, interfaith marriage, and digital era household needs, this research argues that Ijtihād irshādi emphasises moral orientation, dialogical clarification, and contextual sensitivity while remaining grounded in maqasid al-shariah and the pesantren tradition. Using a qualitative phenomenological case study combined with Foucauldian archaeological discourse analysis, this study examines LBM documents, in-depth interviews with kiai and senior students, and participant observation in bahtsul masail sessions to map the epistemic formation of irshādi fatwas. The findings demonstrate that Irshadi reasoning works through nonimperative ethical guidance, performative enunciation of authority, and flexible interpretive mechanisms that integrate classical texts with lived realities. The study contributes conceptually by clarifying the epistemic structure of irshādi fatwas, methodologically through the synthesis of phenomenology and archaeological analysis, and practically by showing how pesantren-based jurisprudence can guide Muslims through evolving ethical challenges.
Reforming Qardh Practices in Islamic Banking: A Critical Analysis Based on Jasser Auda’s Maqāṣid al-Sharīah Systems Approach in Indonesia Mohammad Ghozali; Khusniati Rofiah; Khurun'in Zahro'; Mualimin Mochammad Sahid
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.11165

Abstract

This study examines the extent to which qardh contracts in Indonesian Islamic banking align with the higher objectives of shariah (maqasid) as conceptualised in Jasser Auda’s systems-based framework. The research addresses a gap in the existing literature, where qardh is often analysed in terms of legal-formal compliance without a critical assessment of its multidimensional ethical and social functions. The research adopts a qualitative-normative approach, utilising library research to analyse primary sources from classical fiqh, Qur’anic verses, hadiths, fatwas, and relevant regulatory texts, as well as secondary scholarly literature on qardh and Maqasid al-Shari'ah. Jasser Auda’s multidimensional maqasid framework serves as the primary analytical tool. The study reveals a significant disparity between the ideal concept of qardh as a benevolent, non-profit financial instrument and its current implementation in Indonesia, which frequently includes administrative charges, restrictive eligibility criteria, and limited outreach. Through Auda’s systems approach, the research demonstrates that properly designed qardh contracts can fulfil five maqasid dimensions: protection of wealth (equitable resource access), protection of life (emergency aid), protection of intellect (educational funding), protection of lineage (family economic support), and protection of religion (ethical lending). This study offers a conceptual reform model for aligning qardh practices with maqasid-oriented policies and product designs. It advances Islamic finance scholarship by shifting the discourse from procedural compliance toward holistic socio-economic transformation, positioning Islamic banking as a genuine instrument for justice and inclusion in Indonesia.
The Right to Digital Tranquility: A Comparative Analysis of AI Governance in Oman and Jordan from an Islamic Legal Perspective Murtada Abdalla Kheiri; Racem Gassara; Nizar Qashta; Mohammed Elsadig Abdallah Mohammed Zain
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.11259

Abstract

The development of artificial intelligence (AI) and digital technology in the Middle East has raised new challenges to the right to privacy and tranquility of individuals in cyberspace. This article examines the concept of the right to digital tranquility through a comparative analysis of legal policies in the Sultanate of Oman and the Hashemite Kingdom of Jordan. This study uses a qualitative legal approach that combines normative and comparative analysis to assess the extent to which both countries regulate the collection and processing of personal data, as well as respond to digital violations arising from the use of AI. The results show that Oman implements a preventive approach based on al-siyāsah al-shar‘iyyah values with a focus on explicit user consent as stipulated in Personal Data Protection Law No. 6 of 2022. In contrast, Jordan takes a repressive and law enforcement approach through Cybercrime Law No. 17 of 2023 and Data Protection Law No. 24 of 2023, which emphasize accountability and balance between digital freedom and national security. From an Islamic legal perspective, the right to digital tranquility represents the implementation of maqāṣid al-shariah, specifically ḥifẓ al-‘ird (protection of honor) and ḥifẓ al-nafs (protection of life). Principles such as karāmah al-insān, dar’ al-mafsadah, maslahah mursalah, and lā ḍarar wa lā ḍirār form the moral basis for fair and humane AI governance. This article concludes that strengthening the right to digital peace requires an ethical, participatory AI governance model that is in line with Islamic legal values so that technological progress does not sacrifice human dignity in the digital age.
Cuci Kampung as a Mechanism of Restorative Justice: Integrating Customary Law and Islamic Principles in the Rejang Lebong, Indonesia Mabrur Syah; Habiburrahman Habiburrahman; Sri Wihidayati; Sidiq Aulia; Humaira Ahmad
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.11642

Abstract

This study examines the Cuci Kampung tradition among the Rejang community in Rejang Lebong as a form of religious and cultural law enforcement rooted in local wisdom. The primary focus is on how this tradition functions as a restorative, educational, and spiritual mechanism for resolving customary violations through the Jenang Kutei Customary Court. A normative-empirical method was employed, which combines document studies, field observations, and interviews with customary and religious leaders to analyse the interaction between Islamic and customary norms within a plural legal system. The findings reveal that Cuci Kampung and Jenang Kutei serve as a form of living law that integrates customary and Islamic values, such as justice, repentance, and social responsibility. The implementation of John Griffiths’ theory of legal pluralism clarifies how religious-cultural practices strengthen community-based justice systems. This research contributes to reinforcing models of restorative justice, which is grounded in local culture and provides a reference for integrating customary law into the formal legal system, as well as preserving local traditions as part of the development of national law.
Gaps and Challenges in Child Marriage Regulation: An Indonesian and Australian Legal Perspective Imron Rosyadi; Muchlis Muchlis; Tajul Arifin; Ahmad Fathoni; Fahadil Amin Al Hasan
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.11780

Abstract

Child marriage remains a persistent global issue, including in Indonesia and Australia. Despite legal frameworks that set a minimum age for marriage, the practice persists due to loopholes, socio-cultural factors, and weak enforcement. This study adopts a comparative legal approach by analysing statutory regulations, court decisions, and relevant academic literature within the contexts of Islamic law, Indonesian law, and Australian law. Findings reveal that the challenges in regulating child marriage are not purely juridical but are significantly influenced by psychosocial conditions. In Indonesia, the prevalence of marriage dispensations and cultural norms that tolerate early marriage creates a tension between legal norms and social realities. In contrast, Australia, while having a stronger legal framework and a relatively low prevalence, still allows dispensations for those aged 16–17 and faces cases of forced marriage within migrant communities, compounded by limited national data. The study’s contribution lies in demonstrating the importance of a legal-psychosocial perspective for understanding and addressing child marriage regulation. Protecting children’s rights, therefore, requires not only normative reforms but also comprehensive social interventions that address underlying cultural and structural drivers.
From Regulation to Ethics: The Legal Effectiveness of Smart Village Policy through Village SDGs and Maqāṣid al-Sharīah Sheila Kusuma Wardani Amnesti; Hasnan Bachtiar; Rayno Dwi Adityo; Siti Zulaichah
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.11831

Abstract

Digital transformation in rural areas through the Smart Village concept has become a key strategy in sustainable development. Ministerial Decree No. 55 of 2024 on General Guidelines for Smart Village Development serves as the legal foundation for implementing the Smart Village policy, which aligns with the achievement of the Sustainable Development Goals (SDGs). By limiting the regulatory analysis to Ministerial Decree No. 55 of 2024, this article examines: (1) data standards and connectivity, (2) data protection and privacy, (3) financing and procurement, and (4) multi-stakeholder collaboration. The assessment of policy success is framed through five maqashid al-shariah dimensions: hifz al-din (ethical and inclusive governance), hifz al-nafs (health, safety, and food security), hifz al-aql (education and digital literacy), hifz al-nasl (family welfare and environmental sustainability), and hifz al-mal (economic empowerment and asset governance). Specifically, we contextualized our findings through case studies of Ponggok and Grajagan. The findings indicate that although the legal framework is clear, it remains limited to symbolic information and technology (ICT) infrastructure projects. Law enforcement and legal culture, which require partnerships among village officials, facilitators, and residents, receive insufficient attention. Other barriers include human resources, weak digital infrastructure, and poor coordination across actors. We recommend issuing a Village Regulation (Perdes) to operationalize Ministerial Decree No. 55 of 2024, which establishes data standards that are connected and easy to use, includes data protection clauses, and appoints trained village digital stewards. This study is intentionally limited to Ministerial Decree No. 55 of 2024; other regulations are noted as limitations and avenues for future research.
Reconstructing the Concept of Nafkah in Islamic Legal Thought: Gender Reciprocity and Female Breadwinners In the Javanese Priyayi Society Culture, Java Elfa Murdiana; Evi Muafiah; Lutfiana Dwi Mayasari; Dede Nurohman; Nandang Kosim
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.12133

Abstract

This article interrogated the phenomenon of female breadwinners within Javanese society, with a particular focus on priyayi women from both the royal court and the contemporary elite. It explores how evolving gender roles contest classical Islamic jurisprudential frameworks regarding financial responsibility (nafkah). The central aim is to reconceptualise nafkah in Islamic legal discourse, critically examine the impact of Javanese cultural paradigms on women’s social positioning, and advocate for a more contextually nuanced and inclusive Islamic legal framework that accurately reflects the lived experiences of Muslim women in Java. Employing a qualitative methodology that integrates textual analysis, in-depth field interviews, and the theoretical lenses of individual resilience, maqāṣid al-shariah, and mubādalah (reciprocity), the research elucidates the extraordinary social and spiritual resilience displayed by priyayi women as they navigate patriarchal stigma and the complexities of dual economic responsibilities. Cultural constructs such as nrimo (acceptance) and laku spiritual (spiritual practice) are not merely passive acquiescence but are reframed as adaptive strategies consonant with the values of maṣlaḥah (public welfare) and iḥsān (moral excellence). Drawing upon these insights, the study advocates for a contextual reconstruction of gender roles in Islamic law, anchored in three foundational principles: reciprocity (mubādalah), public benefit (maṣlaḥah), and cultural contextuality. Ultimately, the article argues that Javanese female breadwinners should not be seen as anomalies within Islamic tradition, but rather as living manifestations of justice, equality, and humanistic values, situated within an evolving, culturally embedded understanding of Islam.

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