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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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The Legal Responsibility of the General Elections Commission in the 2024 Election Data Leak: Integration of Personal Data Protection Laws and the Principle of Sadd al-Dharī‘at Siti Nur Syifa; Muhammad Torieq Abdillah; Fadil SJ
Justicia Islamica Vol 22 No 1 (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.v22i1.10390

Abstract

Indonesia’s transition to digital governance has amplified the urgency of personal data protection, especially following the 2024 General Election data leaks, which exposed over 204 million voter records. This study investigates the legal responsibility of the General Election Commission (KPU), as the institution mandated to organize general elections, under Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) and Islamic legal doctrine, particularly the principle of sadd al-dharī‘at (preventing harm). This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The study analyzes primary legal materials and comparative frameworks such as the General Data Protection Regulation (GDPR). The findings reveal that despite UU PDP’s existence, implementation remains weak due to inadequate digital infrastructure and limited institutional accountability. The research highlights a dual legal gap: insufficient positive law enforcement and underutilization of preventive Islamic principles. The novelty of this study lies in integrating sadd al-dharī‘at with UU PDP to offer a preventive legal solution that strengthens institutional data security. The implication suggests the urgency of harmonizing regulatory frameworks and enhancing legal awareness within electoral institutions to ensure public trust and uphold digital democracy.
Islamic Corporate Philanthropy in Islamic Banking: Implementation of Zakat Regulation and Sharia Compliance in Indonesia Ely Masykuroh; Niswatul Hidayati; Yutisa Tri Cahyani
Justicia Islamica Vol 22 No 1 (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.v22i1.10397

Abstract

This study aims to provide empirical evidence on the implementation of zakat management compliance and the influence of sharia corporate philanthropy on the performance of sharia commercial banks in Indonesia. This study uses a mixed method, combining quantitative and qualitative approaches. The collected data were then analyzed quantitatively using descriptive or inferential statistics. The research sample consisted of 12 Islamic banks registered with the OJK, and the secondary data for this study were taken from audited and published annual reports from 2017 to 2023. The data analysis technique used regression and legal interpretation analysis. The results of the study indicate that there is a significant influence of ICP performance and Islamic banks, and that there are examples of banking compliance with applicable laws. The contribution of this study lies in providing empirical evidence that compliance with zakat regulations and the implementation of Islamic corporate philanthropy have a positive impact on the performance of Islamic banking institutions. This study reinforces the argument that zakat is not only a moral or spiritual obligation, but also a strategic instrument in sustainable corporate governance. In addition, this research provides important input for regulators, banking practitioners, and zakat authorities in formulating more integrative and applicable policies, so as to optimize the potential of national zakat through synergy between regulations, institutions, and sharia corporate awareness.
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.
Diskursus Interpretasi Linguistik: Ragam Kejelasan dan Kesamaran Makna dalam Ushul Fiqh Atik Abidah
Justicia Islamica Vol 4 No 1 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the variety of clarity and ambiguity of meaning in ushul fiqh through a linguistic interpretation approach. The main focus of this study is how linguistic concepts influence the understanding of Islamic legal texts and how variations in meaning can have an impact on the formulation of law. The method used in this study is library research with a descriptive-analytical approach. The main sources of this research are classical and contemporary ushul fiqh literature that discuss linguistic aspects in legal interpretation. The results of the study show that the clarity and ambiguity of meaning in Islamic legal texts are caused by lexical, syntactic, and pragmatic context factors. Proper understanding of the linguistic aspects in ushul fiqh can reduce misunderstandings and provide flexibility in legal ijtihad. This study contributes to the discourse of Islamic legal interpretation by highlighting the importance of a linguistic approach in understanding sharia texts.
Keberanjakan Hukum Waris Islam: Studi Perundangan Hukum Waris Negara Turki dan Somalia Miftahul Huda
Justicia Islamica Vol 4 No 1 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

Keberanjakan Hukum Waris Islam: Studi Perundangan Hukum Waris Negara Turki dan Somalia Abstract This study aims to analyze the shift of Islamic inheritance law in the context of national legislation with a focus on the inheritance legal system in Turkey and Somalia. This study explores how the two countries implement and adapt Islamic inheritance principles in their respective legal systems, as well as the factors that influence these changes. The method used is library research with a descriptive-comparative approach. The research sources include Islamic law literature, national legislation, and related academic studies. The results showed that Turkey adopted a civil law-based inheritance legal system with significant secularization, while Somalia still maintained elements of Islamic inheritance law in its legislation. Historical, political, and social factors were the main determinants in the differences in the implementation of inheritance law in the two countries. This study provides insights into the dynamics of Islamic law adaptation in the context of a modern state.
Sengketa Penguasaan Hak Atas Tanah: Refleksi Terhadap Sengketa Tanah Antara TNI dan Masyarakat Layyin Mahfiana
Justicia Islamica Vol 4 No 1 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze disputes over land rights between the Indonesian National Armed Forces (TNI) and the community and their implications for land policy in Indonesia. This study explores the factors causing disputes, the legal basis used by each party, and potential solutions that can be applied. The methods used were library research and case analysis with a descriptive-qualitative approach. Data was obtained from legal documents, laws and regulations, and court decisions related to land dispute cases. The results showed that land disputes between the TNI and the community are generally caused by overlapping land rights claims, land administration discrepancies, and historical land ownership factors. Dispute resolution often faces legal and social obstacles, requiring more transparent and equitable policies. This study recommends strengthening the land administration system and a mediation approach to resolve conflicts in a sustainable manner.
BPR Syari'ah di Mata Masyarakat: Studi Kasus pada BPRS al-Mabrur Ponorogo Khusniati Rofiah
Justicia Islamica Vol 4 No 1 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze public perceptions of the existence and role of Islamic Rural Banks (BPR Syariah, BPRS) in the Islamic financial system, with a case study of BPRS al-Mabrur Ponorogo. This study highlights the factors that influence public trust, the level of service utilization, and the challenges faced by BPRS in increasing sharia financial inclusion. The research method used is a descriptive-qualitative approach with data collection techniques through interviews, observations, and document studies. The results showed that the community has a positive view of the sharia principles applied by BPRS, but there are still limitations in financial literacy and service accessibility. The main factors that encourage community participation are transparency, product halalness, and ease of access to financing. This study recommends improving sharia financial education and optimizing marketing strategies so that BPRSs are more competitive and inclusive in serving the community.
Islam dan Feminisme: Telaah Atas Teologi Feminisme Zainul Fanani
Justicia Islamica Vol 4 No 1 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the relationship between Islam and feminism through an examination of feminist theology. This study explores how the principles of feminism are interpreted in Islamic discourse and the extent to which the concept of gender justice can be harmonized with Islamic teachings. The method used is library research with a descriptive-analytical approach, which examines various Islamic and feminist literature, both from the perspective of Muslim academics and feminist thinkers. The results show that there are differences of opinion in understanding feminism in Islam, with some seeing it as an attempt to reconstruct equality-based theology, while others consider it to be contrary to Islamic teachings. This study emphasizes that the dialogue between Islam and feminism can open up space for reinterpretation of religious texts while maintaining Islamic values. This study contributes to enriching the discourse on gender justice from an Islamic perspective.
Menakar Tafsir Sufistik M Noor Harisudin
Justicia Islamica Vol 4 No 1 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the Sufi interpretation approach in understanding the Qur'an and its implications for Islamic discourse. This study explores the main characteristics of Sufi interpretation, its method of interpretation, and its relevance in the context of Islamic spirituality. The research method used is library research with a descriptive-analytical approach. The main sources of this research include classical and modern works of Sufi interpretation, as well as related academic studies. The results of the study show that Sufi interpretation emphasizes the inner (esoteric) meaning of the Qur'an through a symbolic approach and mystical experience. This approach provides spiritual depth for seekers of meaning, but also faces criticism regarding subjectivity and methodological limitations. This study emphasizes that Sufi interpretation remains relevant in enriching the understanding of Islam, especially in the aspects of Sufism and spiritual ethics.
Ketegangan HAM dan Hukum Islam: Menelusuri Akar Masalah Moh Munir
Justicia Islamica Vol 4 No 2 (2007)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to explore the root of the tension between human rights and Islamic law. It explores the main sources of disagreement between universal human rights principles and Islamic legal norms, as well as attempts at reconciliation between the two. The method used is library research with a descriptive-analytical approach. The research sources include international legal documents, classical and contemporary Islamic legal literature, and related academic studies. The results of the study show that this tension is rooted in epistemological differences, historical contexts, and legal interpretations that have developed in various Muslim regions. Despite these differences, a number of modern Muslim thinkers have attempted to harmonize human rights and Islamic law. This study emphasizes the importance of constructive dialogue to bridge differences without neglecting the fundamental principles of each legal system.

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