cover
Contact Name
Lukman Santoso
Contact Email
justicia@uinponorogo.ac.id
Phone
+6285643210185
Journal Mail Official
justicia@uinponorogo.ac.id
Editorial Address
Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
Location
Kab. ponorogo,
Jawa timur
INDONESIA
Jurnal Kajian Hukum dan Sosial
ISSN : 16935926     EISSN : 25027646     DOI : 10.21154/justicia
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 359 Documents
Legislasi Mahkamah Konstitusi dalam Putusan Mahkamah Konstitusi Nomor: 46/PUU-VIII/2010 di Tinjau dari Teori Hukum Hans Kelsen Tentang Konstitusi Subroto Subroto
Justicia Islamica Vol 11 No 2 (2014)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v11i2.103

Abstract

The legacy of the authority of the Constitutional Court (abbreviated as MK) is as follows: (1) to examine laws against the 1945 Constitution of the Republic of Indonesia; (2) to decide disputes over the authority of State institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia; (3) to decide on the dissolution of political parties; and (4) to decide disputes over the results of general elections. From the Constitutional Court's legislation, the author is interested in seeing the extent of the Constitutional Court's legislation in making a decision based on the legal theory put forward by Hans Kelsen, regarding the constitution. Kelsen's thinking encouraged the establishment of an institution called Verfassungsgerichtshoft or MK (Constitutional Court) which stands alone outside the Supreme Court, often called The Kelsenian Model. The Constitutional Court decision No. 46/PUU-VIII/2010 is a legal product issued by the Constitutional Court. From the decision, it will be analyzed with regard to the legal basis and legal considerations used by the Constitutional Court in deciding cases that are in accordance with the legal theory put forward by Hans Kelsen in his constitutional theory or not and about the legislation of the Constitutional Court in making the decision based on Hans Kelsan's legal theory.
Wacana Tandingan Puritanisme Islam Tentang Peran Perempuan (Mengkaji Bangunan Epistemologi Hukum Taqi Al Din Al Nabhani Isnatin Ulfah
Justicia Islamica Vol 11 No 2 (2014)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v11i2.104

Abstract

Religious puritanism was born as a counter-discourse, especially against modernity. Social factors are always taken into consideration to understand the presence of puritanism. However, it cannot be denied that it is also strongly influenced by the encouragement contained in the religious teachings themselves (inward oriented). Its rejection of the West and its cultural products, for example gender equality, can be seen from this side, namely its literalist and textualist character. It is from this side that this paper is written, to find out the epistemological perspective of puritan groups in understanding religious texts on the role of women.
Relasi Muslim dan Non Muslim Menurut Nahdlatul Ulama: Studi Atas Hasil-Hasil Keputusan Bahth Al Masail Nahdlatul Ulama Luthfi Hadi Aminuddin
Justicia Islamica Vol 11 No 2 (2014)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v11i2.105

Abstract

Aswaja ideology developed by NU has five characteristics; tawassut, tasmuh, tawazun, ta'adul and amr ma'ruf nahy an munkar. This paper wants to take a closer look at the results of the fatwa of NU clerics about Muslim relations with non-Muslims based on the five characteristics above. NU's fatwas on Muslim relations with non-Muslims can be classified into two typologies; fatwas on akidah and fatwas on mu'amalah, with different characteristics. fatwas of NU clerics related to issues categorized as ritual-akidah-theological character tend to be exclusive. While NU fatwas on mu'amalah are inclusive.
Rukyat Qabla Al Ghurub Ahmad Junaidi
Justicia Islamica Vol 11 No 2 (2014)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v11i2.106

Abstract

The unification of the Islamic calendar has been limited in the desire of Muslims. There have been many efforts made in order to realize the ideals of unification. But until now these ideals have not been realized. But we should not despair in finding solutions to realize these ideals for the sake of the establishment of Islamic shi'ar which is rahmatan li al-alamin. One of the latest methods that is expected to be a solution that bridges the unification of the Islamic calendar is Ru'yat Qabl al-Ghurub with Astrophotography technique. This technology-based ru'yat technique can present similarities between data according to calculations and field data. 
Pembangunan dalam Perspektik Ekonomi Islam Agung Eko Purwana
Justicia Islamica Vol 10 No 1 (2013)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v10i1.140

Abstract

Economic development is one of the strategies to achieve the goals that this nation aspires to. Economic growth, per capita income of the population, unemployment, poverty, and the balance of payments are measures achieved in assessing the success rate of economic development. But in realityHowever, in reality, the development that has been carried out has not produced optimal resultsoptimal results because it is still not in favor of many people.The increase in poverty and unemployment that is currently occurring, ultimately requires all parties to reformulate the appropriate development strategy to be applied in this country. So that there are no more people who are neglected. Economic, social and political experts have begun to conduct many studies on how to make development successful without being haunted by poverty and unemployment. The interesting thing in these studies comes from Muslim scholars and economists. They offer new alternatives along with the emergence of new theories of Islamic economics. Islamic economics, which is based on the teachings of Islamic shari'ah, does require its adherents to act professionally in the process of displaying neatness, truth, order, and order. Departing from the above explanation, this paper wants to examine how the Islamic economic perspective on development can solve the problems of poverty, unemployment, and equity.
Shariah Sebagai Metodologi Problem Solver Catatan atas Pemikiran Ziauddin Sardar Aji Damanuri
Justicia Islamica Vol 10 No 1 (2013)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v10i1.141

Abstract

Islamic law moves from ilatul hukmi to maqashid al Shariah is a remarkable development. Where the determination of the law is not only judged by the cause but also the purpose of enacting a law. Although experiencing methodological developments, but whether these changes provide what is expected by the people as mukalifun? Or is it just a method that does not give any effect except the same taklif to the people. Ziauddin Sardar responded to this by proposing the idea that Maqashid al Shariah should be able to become a problem solver for the people. This paper presents Ziauddin Sardar's thoughts that propose Shariah is not only methodologically reliable in istinbat law but also able to provide solutions to the problems of the people.
Kebijakan Moneter Berbasis Prinsip Prinsip Islam Amien Wahyudi
Justicia Islamica Vol 10 No 1 (2013)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v10i1.142

Abstract

Islam has its own monetary policy that is different from other economic systems. In terms of objectives, Islam not only emphasizes the equilibrium between the demand and supply of money but also strives for equity with the principles of justice and brotherhood, so as to create a fair distribution of wealth and income as well. In the aspect of management, with the absence of interest, Islam has a big difference with the conventional system, and indirectly, avoid the adverse effects of the interest system. Speculation which is the “Ghost” of the conventional system, the biggest aspect that contributes to the monetary crisis so far, if it does not disappear, can be minimized. The application of profile and loss sharing in financial intermediation can create a more stable economy, because it can minimize the utilization of agregeat money demand for non-essential and non-productive activities, so that efficiency and equitable use of resources can be increased and macroeconomic imbalances that cause inflation can be reduced.
Pelaksanaan Prinsip Syariah dalam Akad dan Penyelessaian Segketa pada Lembaga Perbankan Syariah di Indonesia Didiek Noeryono Basar
Justicia Islamica Vol 10 No 1 (2013)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v10i1.143

Abstract

Murabahah is often equated with ordinary credit agreements, only the name is changed to murabahah or sale and purchase. It should be noted that the draft sharia agreement is also a standard contract issued by sharia banking in carrying out its financial transactions, the same as the agreement implemented by conventional banking. From the existence of a contract in the form of a standard draftSometimes it also causes a dispute. In Law No. 3 of 2006 Jo Law No. 50 of 2009 concerning Religious Courts, for the settlement of sharia disputes related to the implementation of contracts implemented by Sharia Banking, it should be the authority of the Religious Court. However, the fact is that many Shari'ah banking cases relating to the execution of contracts are delegated and handled by the Religious Court.contracts are delegated and handled by the District Court. Therefore, there needs to be firmness in the application of a norm, so that it can be implemented properly.
Pemahaman dan Respon Santri Persantren Terhadap Perbankan Syariah di Ponorogo Atik Abidah
Justicia Islamica Vol 10 No 1 (2013)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v10i1.144

Abstract

In 1991, the public was introduced to the establishment of shari'ah banking in conducting financial transactions. Given that the majority of Indonesia's population is Muslim, the establishment of this shariah bank has an impact on the choice of the Muslim community, which seems to be mostly still doing business in conventional banks. This is also evident in the santri community of boarding schools in Ponorogo, which still use conventional bank services. Therefore, it is interesting to see how the santri respond to this phenomenon.The method used is a questionnaire method to the students to determine theThe method used is the questionnaire method to the santri to find out the response of the Ponorogoro santri to sharia banking.The results of this study indicate that their response to the majority of sharia banks is positive. The results of this study indicate that their response to sharia banks is mostly positive. They argue that saving in sharia banks is safe and in accordance with sharia, but some of them still use conventional bank services due to lack of information and facilities provided by sharia banks.
Membincang Praktik Asuransi di Indonesia Telaah Sosiologi Hukum Khusniati Rofi'ah
Justicia Islamica Vol 10 No 1 (2013)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v10i1.145

Abstract

In this modern era, the discussion of Islamic law issues is more on muamalah issues than worship. Issues related to the economy, including insurance institutions. As a result of the globalization process, this insurance institution was brought to the Islamic world. So, it is the duty of Islamic law to follow up or give a response, both in the form of formal legality.response, either in the form of formal legality or in the form of Islamicizing the institution. This insurance issue is not explicitly explained in the text. Therefore, the problem of insurance is seen as a matter of ijtiha>di> that is, a matter of difference of opinion. The practice of insurance in the culture of Indonesian society on a non-formal basis has actually been done frequently. As for institutionalized insurance, there has not been much response. Insurance actually has many broad and complex benefits, in addition to providing a symbiotic mutualism between customers.symbiotic mutualism between customers and companies. However, the Indonesian people still do not utilize the existence of insurance companies as a means of protecting themselves and their families and property from unexpected events. The public is still very unfamiliar with insurance and not much familiar with the types of insurance production available. Seeing the benefits of such insurance, Islamic law as an elaboration and actual application of shari'ah must be translated by following the spirit of the times and humanity, so that its inner-dynamic as a law for humans will not lose its context.

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