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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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Sociological Dimensions of the Application of Islamic Inheritance in Indonesia Syabbul Bachri; Roibin Roibin; Ramadhita Ramadhita
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.8707

Abstract

Differences in place and time, shifting conditions and situations, and societal changes cannot be avoided. However, there is a view that Islamic inheritance law is specific and fixed so that it cannot be modified. This study examines the application of inheritance law using the perspective of double movement theory by looking at the sociological dimensions that developed in Indonesia. This research is a sociological, legal research using qualitative data. The approach used in this research is socio-historical, intended to determine generalizations based on specific historical facts related to the application of Islamic inheritance law. The collected data is identified and verified, then analyzed using Fazlur Rahman's double movement theory. The results showed that based on moral ideals generalized based on double movement theory, it was found that justice and benefit became the primary reference in the application of Islamic inheritance law in Indonesia. Islamic inheritance law can flexibly adjust Indonesian society's environmental and social conditions. This research presents a methodological framework for a more adaptive and flexible application of Islamic inheritance law in line with Indonesia's diverse cultural landscape and evolving social norms.
Tracing the Trialectic: The Process and Influence of Three Laws in the Establishment of Religious Courts in Indonesia Moh. Muafiqul Khalid MD; Aldi Hidayat; Muhammad Alan Juhri; Elvina Lintang Solehah
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.8741

Abstract

This article discusses the legal trialectic in establishing the Religious Courts in Indonesia. Since its establishment in 1882, the Religious Courts have not fully represented Islamic law as its primary source. To trace this trialectic, the author uses Ebrahim Moosa's theoretical framework of "transculturation, counterpoints, social imaginary, networks, and legal orientalism." For this purpose, the author proposes two problem formulations. First, what is the process of trialectic attraction between Islamic law, positive law, and customary law in the establishment of the Religious Courts? Second, what is the extent of the influence of positive and customary law in limiting the role of Islamic law? The author offers two novelties, namely methodological novelty in Indonesian Islamic studies, by adopting Ebrahim Moosa's theory. Finally, the conclusive novelty is that the Religious Court is not derived from Islam but from the trialectic of three laws. The practical contribution of this study is to re-question the roles of religious courts in formalizing and implementing Islamic law in Indonesia, with the hope that religious courts will become a dialectical space where Islamic law continues to develop so that it can make a practical contribution to contemporary Indonesian society.
Contradiction Implications of the Receptie a Contrario Theory in Minangkabau Inheritance Hazar Kusmayanti; Dede Mulyanto; Deviana Yuanitasari; Muhammadafeefee Assalihee
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.8859

Abstract

This research explores the application of the receptie a contrario theory in its implementation in the inheritance law of the Minangkabau customary society. This research is a normative juridical research with conceptual and philosophical approaches. Data source analysis is conducted on primary legal materials in the form of expert interviews and laws and regulations, and secondary legal materials in the form of research results on Islamic law and customary law. Based on the research results, it can be concluded that the theory of receptie a contrario still applies to inheritance issues in Minangkabau. Although the Minangkabau people are famous for their adherence to customs, they consider breaking customs shameful. However, the Minangkabau community has explicitly stated that their customary inheritance law refers to Islamic inheritance law by recognizing that children and wives are heirs of their parents/husbands. In contrast, previously, the customary heirs recognized were nieces (kemenakan). This research confirms that the application of the receptie a contrario theory still applies to inheritance issues in Minangkabau. In addition, it also contributes to explaining to the broader community that inheritance in Minangkabau, although it adheres to matrilineal kinship lines, has implemented Islamic law.
The Concept of Civilized Indonesian Law: Strengthening Islamic Spiritual Values in Law Yogi Prasetyo; Leoncio Serazinho Amaral
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.9016

Abstract

This article aims to explain the concept of civility, legal problems in Indonesia that reflect uncivilization, and the idea of civilized law based on Islamic spiritual values. A secular understanding that separates law from good religious and spiritual values is an exciting background for research. This research uses a literature study method with a legal philosophy approach. Research data comes from literature and scientific works related to the research theme. The research results show that civility is related to good moral ethics by religious values. Research shows that legal problems originate from legal actors' wrong actions or moral ethics. Apart from that, the research results also explain the concept of civilized law with the principles of Islamic spiritual values, which are relevant to forming legal, moral ethics. So, it can be concluded that the concept of civilized law for Indonesia is to the current legal situation, which requires changes in the behavioral attitudes of legal actors by strengthening Islamic spiritual values. This research contributes as a behavioral guideline for policymakers and law implementers to present a more moral and ethical law based on morals and ethics (adab) based on spiritual values. This includes the formulation of professional ethics based on spiritual values. To present civilized legal behavior in Indonesia.
Resilience of Muslimah Sex Workers: Fulfilment of Children's Rights Based on Fiqh Hadhanah and the Child Protection Law Siti Rohmah; Fadil SJ; Erfaniah Zuhriah
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.9156

Abstract

This research study aims to further explore and delve into the resilience efforts of Muslimah sex workers in fulfilling their children's rights as mandated by Hadhanah jurisprudence and the Child Protection Law, which has become a living law in society. This is socio-legal research with a case study in Wisata Karaoke (ex-localization), Suko, Malang, Indonesia. The method of data collection used in this study is in-depth interviews with four muslimah prostitutes who have children, observation, and documentation. The results of this study indicate that Muslimah sex workers employ two resilience models in fulfilling their children's rights. The first resilience model involves placing their children in Islamic boarding schools (pesantren), considered authoritative childcare institutions. The second resilience model consists of entrusting their children to immediate family members, such as grandparents and aunts, who are perceived to be free from negative influences like promiscuity and alcohol consumption, which are commonly associated with the world of prostitution. Both resilience models are based on mitigation efforts to prevent their children from falling into the same cycle of prostitution as their mothers. This research contributes to becoming new policy material for scholars, government, legislators, and academics in initiating the formation of childcare institutions around ex-localizations as a guarantee of continuity, protection, and fulfillment of the rights of abandoned prostitutes' children.
Settlement of Sharia Economic Disputes: Efficiency of Implementation in Indonesian Religious Courts Muhammad Irkham Firdaus; May Shinta Retnowati; M. Abdurrozaq
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.9240

Abstract

This research is a critique of the efficiency of the sources of material law used in the settlement of sharia economic disputes to see how great the urgency is in creating sources of material law that are more specific and can be used as legally binding in sharia economic cases. This research uses descriptive qualitative research methods. The data collection method is done through observation, interviews, and documentation. Furthermore, data analysis was carried out using the methods of data reduction, data display, and conclusion/verification. The results of this study show that the source of material law in the settlement of sharia economic disputes is less efficient because the settlement of defaults and unlawful acts in the field of sharia economics still refers to the Civil Code (KUHPerdata). This finding confirms that there is a legal vacuum in sharia economic disputes, so dispute resolution only focuses on the agreed aspects of the contract, not on the form and practice of the contract. The implication is that the decision made by the judge does not fulfill the interpretative legal theory that adheres to the values of justice, fairness, and procedural due process. Ideally, the resolution of sharia economic disputes should still be based on Islamic law principles as the basis of the function of the Religious Courts. Practically, this research contributes to the conceptual framework of the source of material law in resolving sharia economic disputes in more effective Religious courts, as well as offering a concept of dispute resolution that follows the principles of the Islamic legal system.
Legal Politics of Religious Moderation and State Defense Policy at Public Universities Muhammad Shohibul Itmam; Abdelmalek Aouich
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.9242

Abstract

This study aims to discuss the policy of the Ministry of Religious Affairs through the Sub Directorate of Islamic Religious Education at Public Universities (PTU) in forming Griya Moderasi Beragama dan Bela Negara (MBBN) to strengthen the understanding of religious moderation and eliminate religiousness that often legitimizes violence as a manifestation of religious teachings during the rise of groups that claim to be the most correct. This study uses doctrinal law, political law, and critical analysis approaches. Data analysis was conducted by exploring moderation policy documents and legislation products. This study found that the legal politics of Religious Moderation and State Defence at PTU is a strategic government policy to strengthen the nation's life amid legal and religious plurality in the face of confrontation with radicalism groups. The government's strategic policy is synergized with national development, accelerating the realization of justice and welfare. The policy is also a firm step by the Indonesian government in contributing to the world according to the demands and developments of diversity in the era of globalization, especially in counteracting the massive movement of radicalism and intolerance in Indonesia.
Religion and State in Islamic Constitutional Law: The Role of Pesantren in Strengthening Symbiotic Islam and the State in Madura Muwaffiq Jufri; Safi Safi; Paul Atagamen Aidonojie; Zaini Zaini; Yusuf Ibrahim Arowosaiye
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.9283

Abstract

The Pesantren Law further emphasizes the existence of pesantren who are responsible for spreading the ideology of patriotism. Pancasila has established a mutual need and benefit pattern between religion and the state. It is unique that the position of religion in Pancasila is based on the first principle. This follows the thinking of the pesantren in Madura, who view that religion and the state cannot be contradicted because both have a mutually beneficial relationship (symbiotic). The purpose of writing this article is to find out the strategy of the pesantren in spreading the symbiotic understanding of religion and the state in Madurese society, which has proven successful in preventing the spread of radicalism in Madurese Muslim society, where the process of spreading has been massive through social media and online media. This research uses empirical legal research with legal sociology and legal anthropology approaches. The results obtained in this study show that pesantren in Madura use two methods and strategies to spread the Islamic ideology of love for the homeland, namely through internal and external strategy. Internal strategies are carried out through the pesantren teaching system, based on the postulates and advice on patriotism to its students. The external strategy is carried out through establishing a network of pesantren and madrasah branches and organizing the duty ustad program in community life to build and maintain the Nusantara Islamic ideology that loves the country. This research contributes to efforts to improve public understanding of the importance of maintaining harmonious relations between religion and state. This model of strengthening understanding can be a reference for the government in implementing policies to strengthen public understanding of the symbiotic of Islam and the state through religious institutions.
Transformation of Kyai Authority in Marriage: A Law-Abiding Society in Pekoren, Rembang, Pasuruan M. Harir Muzakki; Euis Nurlaelawati; Ahmad Bunyan Wahib
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.9492

Abstract

This article discusses the role and authority of kyai in marriage practices in Muslim communities, especially in Pekoren Rembang Village, Pasuruan. This research uses a socio-legal approach and focuses on the role of kyai in carrying out marriages that are not always registered at the Office of Religious Affairs (KUA). In the Pekoren community, kyai have authority in religious law and are often involved in the marriage contract procession, even though the KUA does not officially record it. This gives rise to unregistered marriages, where marriages are considered religiously valid but not recognized by the state. This research also reveals that the role of kyai in marriage has shifted due to increasing legal awareness in society, pragmatism, and reduced appreciation for Islamic boarding school graduates. This research concludes that the authority of kyai in marriage practices in Pekoren is decreasing along with socio-economic changes and increasing legal awareness in society. Now, people prefer marriages officially registered by the head of the KUA to obtain legal guarantees. The shifting role of kyai in marriage practices in Pekoren Village can serve as a guide for policymakers and religious leaders in ensuring that marriages are recognised under state law, in line with socio-economic changes and the legal awareness of the community.
Contestation and Negotiation on Interfaith Inheritance in Pancasila Village Nur Fadhilah; Muhammad Mufti al Anam; Nuril Farida Maratus
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.9577

Abstract

This research aims to investigate the division of inheritance between different religions in Kampung Pancasila Balerejo Wlingi Blitar and analyze the relationship between legal systems in the division of inheritance. This research is a non-doctrinal research using a legal pluralism approach. Data were collected through document study, observation, focus group discussion, and in-depth interviews. The data was analyzed using Sally Falk Moore's theory of legal pluralism. The results showed that the division of inheritance was carried out equally between men and women even though family members adhered to different religions. The process of inheritance division is carried out by deliberation by presenting village officials. The reality of the division of inheritance between different religions in Pancasila Village shows that local law and state law run simultaneously and complement each other. Kampung Pancasila has a self-regulating inheritance system. The capacity possessed by the people of Pancasila Village to regulate independently shows the existence of autonomy. However, this autonomy is not absolute (the semi-autonomous social field) due to the influence of state organs. These, namely village officials, come from outside the semi-autonomous area and affect the distribution of inheritance. This research contributes to identifying the contestation and negotiation between legal systems in the inheritance distribution practices of multi-religious families. In addition, this research also contributes to providing alternative solutions to the division of inheritance in multi-religious families.

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