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Lukman Santoso
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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 7 Documents
 1 
Search results for , issue "Vol 8 No 1 (2011)" : 7 Documents clear
Harga Murabahah Perspektif Fikih dan Keuangan Islam Amin Wahyudi
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.522

Abstract

Murabahah is a unique pattern of business. One side of Murabahah is sale and buy, and the other is debt and credit. Therefore the price of Murabahah contains provisions that differ from regular trading. The price of Murabahah consist of acquisition and mark up. Acquisition price is analyzed based on purchased and all fees that have been made to hold commodities ready for buyer. While the mark up of Murabahah is business advantage. Mark up can be analyzed based on costs, market prices, inflation, risk, and other factors that are not based on interest and usury. The level of mark up depends on the decisions between buyer and seller according to the mechanism of transaction that meet shari’ah principle.
Sukuk Sebagai Alternatif Investasi Syari’ah di Indonesia Desi Trisnawati
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.523

Abstract

Sukuk was one of the alternatives of investment and sources of development fund primarly in infrastructure because of the advantages of the sukuk self namely : (1) the used of sukuk fund from the beginning was clearly to developing certainty projects example infrastructure development in Indonesia, (2) sukuk risks was clearly from the beginning of the projects, and (3) the used of sukuk fund should be discipline because sukuk fund was clearly correlated with certainty projects. The development of sukuk in Indonesia was slowly because of regulation aspect, tax aspect, operational aspect, and product aspect. These factors became the challanges for the Indonesian government to solve immediately in order to sukuk was one of the attractives investment in Indonesia.
Spiritual Entrepreneur Abdul Wadud Nafis
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.524

Abstract

Entrepreneur that combines professionalism and spirituality will generate worldly profit and hereafter. The definition of spirituality intelligence is a person who has more ties to the spiritual and psychological aspect rather than the physical or material aspect. While entrepreneur is a talented person in a making new product, determining the new ways of production, collating the operation of new product presence, marketing and managing capital. In achieving business success, the physical and spiritual factor is required. Spiritual factors cover of skill, piety, honesty, trust, good will and others.
Lembaga Harta Bersama Dalam Masyarakat Bilateral Perpektif Hukum Islam Saifullah Masduki
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.525

Abstract

This paper is to study joint property (harta bersama) from the genealogy perpective with it’s locus to bilateral genealogy as in Java, Sunda and Aceh society. Bilateral system of genealogy choosed in this paper, because a unilateral genealogy (patrilineal and matrilineal), will be marginalized along with the development of era and will be subtituded with bilateral genealogy. In addition, this paper also pretend to see how Islamica law to be adaptive to the customory law as a living law, especially in matter of the law of marital property. Basically, this study is characterized as a secondary study or study of the law in books, that is the review of jurist manuscript and documentation about the norms that regulates law interaction in society from the status aspect. On of the conclusions of this paper is although the marital property law is not mentioned in Islamic law, but if we see the disired genealogy or kinship system which led to the bilateral system, then we are sure that Islamic law will adaptively absorb the community property as exist in customory law of bilateral system.  
Kejahatan Perkosaan Dalam Bingkai Politik Hukum Pidana Munawir Munawir
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.526

Abstract

Criminal act of rape is one type of violent crime to woman. In the development of this crime is no longer seen as solely a moral offence. But inside it has touched on the anger and violence problem which is considered a violation and negation HAM. Based on the development this, planner group new penal code in looking need to quicly change formulation a criminal act of rape. That is no longer the sense as in the formulation Section 28 penal code (WvS), but expanded in accordance with the development and future state. Through political policy or criminal law, formulations have been made a criminal act of rape is more appropriate to contemporary situations and this formula has been placed in section 423 hhe draft new penal code  which is currently awaiting approval from the legistilative assembly.
Hukum Sebagai Alat Kontrol Sosial dan Sistem Supremasi Penegakan Hukum Dewi Iriani
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.527

Abstract

Discourse about law as a tool of social control related to method and sociological discipline. A multidisciplinary approuch to the law is absolutely necessary when we discuss the law as an instrument of social control. One of the important things in this issue is that the law required to meet the concrete needs of the community, so the law goes effectively. Another important aspect after that is a supremacy of law aplication or the rule of law. The supremacy of law is necessary in order to realize the function of law as an instrument of social control to fully consider the sociological aspects of law enforcement.
Reformulasi Bangun Sistem Ekonomi Islam Elly Masykuroh
Justicia Islamica Vol 8 No 1 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i1.528

Abstract

The idea of this paper came from the many phenomenas of economic problem occuring in various part of the world that become increasingly serious. Both economis  school of capitalist and socialist was not able to provide solution for the increasingly complex economic issues. This condition raises expectation for an alternative economic system that is able to resolve economic problem. Current discourses about Islamic economic system sound relevance and begin to be studied to resolve the economic problem. Through the study and reconstruction of the history of Islamic economy, it shows that system of Islamic economy does exist legally and de facto. Now, our job is to formulate the form and concept of Islamic economy that can be accepted as an alternative economic system in the world. The formulation of the concept and theory of Islamic economy can take two alternatives: firstly, through revision of the old theory of Islamic economy in accordance with the principle and characteristic of Islamic economy, secondly, the recontruction of history through the Islamic economic thought, so that it can gave birth new Islamic economic system.

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