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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 359 Documents
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Omnibus Law Sentiment and its Impact on the Halal Certification Program in Indonesia Mohamad Nur Efendi; Kusnul Ciptanila Yuni K; Iza Hanifuddin; Arian Agung Prasetiyawan
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5829

Abstract

This study aims to determine the sentiments of scholars in Indonesia regarding research and studies that address the topic of Omnibus Law. The data analyzed was in the form of research publications related to the Omnibus Law, with as many as 60 articles spanning 2017 to 2020. Based on the analysis results, the assessment of texts related to Omnibus Law in Indonesia shows a positive sentiment of 40%, a neutral sentiment of 32%, and a negative sentiment of 28%. The optimistic view discusses the importance of the Omnibus Law, which summarizes the bureaucracy and solves the many overlapping regulations. Negative sentiment has given much criticism about the passage of the Omnibus Law, which is inappropriate, not transparent, and controversial, such as the Job Creation Bill. Meanwhile, neutral sentiment is in an intermediary position, namely discussing the positive sides of the Omnibus Law but also criticizing things that are not quite right and providing solutions and suggestions. Intellectual sentiment shows the highest positive and contrasts public sentiment in demonstrations due to disappointment with implementing the Omnibus Law. As an effort to cut bureaucracy, the Omnibus Law also discusses and regulates halal certification. The Omnibus Law's existence has positively influenced accelerating the halal certification process in Indonesia, especially targeting the micro and small business sectors. This aligns with Indonesia's optimistic mission to become the center of the world's halal industry in 2024
KONFLIK HUKUM LEGALITAS PERKAWINAN BEDA AGAMA DI INDONESIA Hasna Lathifatul Alifa; Ali Sodiqin; Bian Ambarayadi
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.5922

Abstract

This article explores legal conflicts regarding the legality of interfaith marriages in Indonesia. There was a legal conflict between the provisions in Article 2 paragraph (1) of Law No. 1 of 1974 concerning Marriage, which determines the validity of marriages based on religious law, with Articles 34 and 35 of Law No. 23 of 2006 concerning Citizenship Administration, which states that a valid marriage is reported and registered. Article 35, letter (a) says that the court determines a legal marriage. Disharmony of laws and regulations concerning interfaith marriage regulations has influenced the interpretation of legal provisions, resulting in differences in judges' decisions. This raises the question of harmonizing the legal provisions between these laws and regulations. Analysis of the problem of the legality of interfaith marriage law is carried out using a normative juridical approach by using Soerjono Soekanto's theory of legal effectiveness. The results of this study indicate that the disharmony of interfaith marriage law causes multiple interpretations for judges in determining the legality of interfaith marriages. Unclear regulations cause the legal rules of interfaith marriages in Indonesia to cause conflicts between legal institutions. The legal substance factor is the main root of the ineffectiveness of the regulations on interfaith marriages in Indonesia. Disharmony between legal authorities impacts conflicts between legal institutions and influences the practice of interfaith marriages in society.
Pancasila, Piagam Madinah, dan Konstruksi Fikih Kebangsaan Ala Pesantren: Studi Hasil Bah}th al-Masa>il Forum Musyawarah Pondok Pesantren (FMPP) XXX Tahun 2016 Syaiful Bahri; Syamsul Anwar; Mochamad Sodik
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5934

Abstract

This paper analyses one of the decisions reached by the baḥth al-masāil Islamic Boarding School Deliberation Forum (FMPP) in Java and Madura in 2016 at the Babakan Islamic Boarding School in Ciwaringin, Cirebon. In its decision, baḥth al-masāil FMPP stated that Pancasila as the State's foundation is consistent with the values enshrined in the Medina Charter. The issues that will be addressed in this study are: first, how does baḥth al-masāil FMPP use the argumentation structure to reach this decision? Second, consider the relevance of the baḥth al-masāil decision and the ideas of civilizational fiqh produced by the PBNU. To address these two issues, the authors performed a study of the literature based on the primary data from the official document of the baḥth al-masāil FMPP decision and some results from the PBNU's halaqah fiqh of civilization. The usul fiqh and qawa'id fiqhiya approaches were used in this study, specifically the theory of maslahah and mafsadah in Islamic law. The data in the decision document was then analyzed using content analysis techniques. Based on the data and analysis, it was determined that, first, the Baḥth al-masāil FMPP decision on the Pancasila issue was formulated based on a solid argumentation with maslaha as its primary paradigm, and the decision's results also demonstrated that Islamic boarding schools have a distinct national fiqh construction. Second, the relevance of the national fiqh construction arising from the baḥth al-masāil FMPP on Pancasila with the NU civilizational fiqh idea sits in its function as the primary foundation of civilizational fiqh ideas.
Nahdlatul Ulama's Ijtihad Method in Fatwa: Analysis of the Content of Legal Decisions and their Validity in Indonesia Ismail Jalili; Fadillah Ulfa; Mualimin Mochammad Sahid
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.5971

Abstract

This research aimed to investigate the method of inference in Nahdatul Ulama Scholars to issue fatwas regarding some issues in Indonesia. This research applied the qualitative method to collect data for looking into the topic and using a content analysis approach to analyze the legal decision of Nahdatul Ulama scholars and its validity as a product of fatwa. The results show that the inference done by Nahdatul Ulama scholars did not correspond to the belief done by the Muslim scholars in the past era due to their shortcomings in fulfilling the requirement of Mujtahid Muthlaq. This research also reveals that their method can be categorized as ijtihad jama’i, and the validity of the fatwas was significant enough for the Indonesian Muslim society to perform their daily ibadah or muamalah activities. This research contributes to the existing body of literature by providing insights into the specific inference method employed in Indonesia. It focuses on the influence of fatwas issued by scholars affiliated with Nahdatul Ulama, highlighting their significant following among ordinary individuals associated with this organization.
Dynamics of Child Marriage in Suku Anak Dalam Community Rahmi Hidayati; Illy Yanti; Muhammad Farhan HR; Shahrul Hilmi Othman
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.5975

Abstract

This paper aims to explain the dynamics of child marriage and its impact on the Suku Anak Dalam community. This research uses observation, interview, and documentation methods, in which researchers directly go to the field to observe and interview perpetrators of early marriages and tribal chiefs. The results of the study show that the Suku Anak Dalam community has its own rules and traditions regarding the appropriate age limit for marriage and does not include provisions in the law that have been positive. This tradition is a way of measuring the maturity of the bride and groom. According to the Suku Anak Dalam, men can get married if they can earn a living through skill tests in hunting animals or are suitable for farming. At the same time, women are considered adults if they have menstruated. Child marriage is generally a tradition passed down from generation to generation and is an unwritten legal system in society. This practice is a form of neglect regarding women's rights in domestic life, which impacts divorce, physical health, malnutrition, and marriage administration. Several factors, including tradition, arranged marriages/endogamous marriages, economics, promiscuity, and gender inequality, cause this child marriage.
SARO-SARO: RELEVANCE OF CUSTOM SYMBOLS AND THE PROHIBITION OF HIJAB IN MUSLIM COMMUNITY WEDDINGS IN JAILOLO SELATAN DISTRICT, WEST HALMAHERA REGENCY Abu Sahman Nasim; Nur Azizah Rahman; Iin Junisti Hamid
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.6287

Abstract

This article explores the Saro-saro tradition in the marriage of the Jailolo Muslim Society. In this tradition, traditional symbols should be obeyed, such as the use of conventional clothing, a headscarf bun as a standard symbol, and the prohibition of wearing hijab. This research is qualitative research with an ethnographic approach. Research findings show the ban on head coverings or hijabs and the use of buns as a symbol of tradition, even though they wear hijabs daily. The obligation to wear a bun rule out the obligation to wear a hijab for a Muslim woman at a wedding. Implementing saro-saro is a traditional ritual classified as mubah (allowed) to be applied; merely the conventional symbol, which needs a bun for saro for those who wear hijab, is contrary to Islamic law. When the traditional provision and Islamic law provisions are contradictory, it is a must to negotiate and dialogue then preempt the main requirements on the philosophy of "adat matoto agama, agama matoto kitabullah, and Sunnah Rasulullah," so the tradition and Islamic law can get along in harmony.
Implementasi Undang-Undang No 5 Tahun 2018 tentang Terorisme Melalui Penguatan Moderasi Beragama Agus Purnomo; Kardi Kardi
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.6338

Abstract

This article aimed to find the form of the role of strengthening religious moderation in implementing Law No. 5 of 2018 concerning Terrorism, considering that the two have overlapping focuses. This paper is based on field research conducted at two State Islamic Higher Education (PTKIN) that feature religious moderation programs. The approach taken in this research was legal sociology, precisely legal effectiveness. As a result, the form of strengthening religious moderation carried out by PTKIN in preventing radicalism, which is part of combating terrorism, has not played a significant role. Differences in the conditions of the regions where PTKIN is located are insufficient to differentiate the programs to enhance religious moderation. Therefore they have no implications for the role performed in preventing the notion of radicalism, particularly terrorism. Factors that create obstacles to implementing Law No. 5 of 2018 through strengthening religious moderation are aspects of the legal structure and legal substance.
From Tradition to Mainstream: Understanding the Integration of Islamic Law in Various Global Settings Suud Sarim Karimullah
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.6478

Abstract

The study highlights the importance of integrating Islamic law in global legal settings, enriching the legal framework, and promoting interreligious dialogue. This is an important area that needs to be understood and taken seriously in the context of ongoing world changes. The study used a qualitative approach to analyze academic literature, legal documents, and related research reports from various sources. The research findings identify several significant examples of integration of Islamic law in different global settings, including Muslim and non-Muslim majority countries. The integration of Islamic law in a worldwide legal environment offers meaningful potential. First, values such as social justice, balance, and common good in Islamic law can provide a different and complementary perspective to the principles of secular law. This impacts more inclusive and fair policies for the Muslim community. Second, the integration of Islamic law can better facilitate interreligious dialogue. Non-Muslim communities' more profound understanding of Islamic law may open the way for constructive dialogue, mutual understanding, and cooperation in addressing global legal issues. This has the potential to reduce tensions and increase interreligious tolerance. However, challenges and controversies are also part of integrating Islamic law. Recognition of the validity and relevance of Islamic law in more comprehensive legal settings is still doubted by some. At the same time, differences in interpretation and implementation can lead to tensions in diverse societies.
PRINSIP PROPORSIONAL PERTANGGUNGAN GANTI RUGI DALAM PERKARA WANPRESTASI AKAD MUSYARAKAH (Analisis Putusan Mahkamah Agung RI Nomor 624 K/AG/2017) Deni Purnama; Asmuni Asmuni; Dhiauddin Tanjung
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.6845

Abstract

This research explores the law consideration used as the foundation of the appearance of the obligation of compensation due to default in the musharakah verdict agreement. In practice, the bias between Islamic and conventional banks often occurs, especially regarding the musharakah agreement, which is sometimes interpreted as a debt agreement, as commonly occurs in traditional banks. Using a normative law research approach, the writer analyzes the internal works of law standards by using decisions of the first level of Religious Courts judges and the cassation level as the object. Based on the analysis, there are two types of law approaches of the judges: formal justice and substantive justice. The judges at the first level of the judiciary used a traditional method by comparing the sound of agreement and the facts of the court. Meanwhile, the substantive justice approach was taken from the cassation level judges who consider not only the agreement's validity but also the agreement's substantial. In this case, the judges on the cassation level managed to explore the substance of equality and partnership principles in the Musharakah agreement. Considering the precautionary principle in the implementation of financing by Islamic banking and the legal relation between the participants of the musharakah agreement, the deficiencies in this agreement will be burdened to each party as the fund deposited proportionally. This research contributes to the conflict resolutions of the Musharakah agreement proportionally
Industrial Design Protection in Indonesia: A Fiqh Perspective and its Challenges in Facing Communalistic Values Husnul Haq; Muchtim Humaidi; Ali Muchtar
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.7096

Abstract

As a member of the World Trade Organization and a signatory to the TRIPs Agreement, the Indonesian Government drafted Law Number 31 of 2000 concerning industrial design. The establishment of TRIPs was the desire of industrial countries such as America and Europe to protect their products and strengthen their monopolistic position in international trade. Besides that, the philosophical foundation of TRIPs is based on individualism, while the social reality of the Indonesian nation adheres to a communalistic way of life. This research aims to describe industrial design protection in Indonesia and its problems from a fiqh perspective. This research is a legal research based on primary and secondary legal materials. Researchers also examined Law No. 31 of 2000 concerning industrial design and the Academic Paper of the Draft Law on Industrial Design in 2015. In data analysis, the authors use descriptive and comparative techniques. This study finds that although the Law of industrial design originates from the rules of the TRIPs Agreement, it generally does not conflict with Islamic jurisprudence but is in harmony with it. However, there are problems in protecting industrial design. To solve these problems, it is necessary to improve the industrial design law by considering national interests, improve the legal structure by increasing the professionalism of judges and judicial staff, and improve legal culture through education, socialization of legal regulations, good examples, and halal industrial designs.

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