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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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Pemikiran Fiqh al-Shafi'i: Telaah Atas Transformasi Qaul Qadim dan Qaul jadid Ajat Sudrajat
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 analyze the fiqh thought of Imam al-Shafi'i with a focus on the transformation between the Qaul Qadim (old opinion) and the Qaul Jadid (new opinion). This study explores the factors behind the change in Imam al-Shafi'i's views and their implications for the development of ushul fiqh. The method used is library research with a descriptive-analytical approach. The main sources of research include the works of Imam al-Shafi'i, such as Al-Risalah and Al-Umm, as well as academic studies that discuss changes in his legal methodology. The results of the study show that the transition from Qaul Qadim to Qaul Jadid was due to geographical factors, intellectual experience, and interaction with other schools of thought. This transformation reflects the flexibility of fiqh in responding to different contexts. This study emphasizes that al-Shafi'i's thinking remains relevant in the development of contextual Islamic law.
Pemetaan Sistem Hukum Kesultanan Kutai Kertanegara Makmun Syar'i
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 map the legal system of the Kutai Kertanegara Sultanate and understand the legal characteristics that developed in the kingdom. This study explores the sources of law, the structure of the judiciary, and the interaction between customary, Islamic, and colonial law in the legal system of the Kutai Kertanegara Sultanate. The research methods used were library research and historical analysis with a descriptive-analytical approach. The main sources of this research include legal manuscripts, historical records, and previous research related to the law of the Kutai Sultanate. The results showed that the legal system of the Kutai Kertanegara Sultanate was a combination of Dayak-Malay customary law, Islamic sharia, and the influence of Dutch colonial law. This synergy created a dynamic legal system that was adaptive to the changing times. This study contributes to the understanding of the history of Indonesian law and its relevance in the context of customary law and contemporary Islamic law.
Fidusia: Kajian Terhadap Perjanjian Jaminan di Bawah Tangan Siti Nurhayati
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 analyze the concept of fiduciary in a handwritten collateral agreement and its implications in legal practice in Indonesia. This study explores the legal validity, executory power, and legal risks arising from unregistered fiduciary agreements. The research method used is library research with a juridical-normative approach. The research sources include the Fiduciary Guarantee Law, court decisions, and relevant legal literature. The results of the study show that underhand fiduciary agreements have weaknesses in the aspect of legal protection for creditors, especially in the process of collateral execution. The non-registration of fiduciary rights results in the inability to directly enforce executory rights, creating the potential for legal disputes. This study emphasizes the importance of registering a trust to provide legal certainty and stronger protection for parties in collateral agreements.
Ramadhan di Jawa: Telaah Atas Karya Andree Mouller Agus Purnomo
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 analyze the cultural representation of Ramadan in Java as described in the work of Andree Mouller. This study explores Mouller's perspective on the Ramadan tradition in Javanese society and how local elements interact with Islamic values in religious practices. The method used is library research with a descriptive-analytical approach. The main sources of research include the work of Andree Mouller, historical literature on Islam in Java, and research related to the culture of Ramadan in Indonesia. The results show that the Ramadan tradition in Java is the result of the acculturation of Islamic teachings and local culture, such as the rituals of megengan, padusan, and the distinctive tradition of breaking the fast together. Mouller's representation illustrates how Islamic values are combined with local wisdom, creating a unique Islamic identity. This study contributes to understanding the dynamics of Islam and culture in a historical context as well as in the study of religious anthropology.
Shah Wali Allah al-Dihlawi: Pemikir di Masa Krisis dan Pengaruhnya Terhadap Gerakan Islam di India Luthfi Hadi Aminuddin
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 analyze the thoughts of Shah Wali Allah al-Dihlawi in the context of the socio-political crisis that plagued India during his time and its influence on the Islamic movement in the region. This study explores the ideas of Islamic reform that he offered, including the reconstruction of fiqh, Sufism, and Islamic political thought. The method used is library research with a descriptive-analytical approach to the works of Shah Wali Allah, such as Hujjatullah al-Baligha, as well as academic research discussing his influence. The results of the research show that Shah Wali Allah attempted to respond to social disintegration through a synthesis between Sunni teachings and Sufism, as well as calling for the reform of Islamic education and government. His thoughts inspired Islamic reform movements in India, including Darul Uloom Deoband and others. This study confirms that his thoughts remain relevant in contemporary Islamic discourse.
Islam dan Nasionalisme: Analisis Atas Pemikiran 'AIi 'Abd al-Raziq Ahmad Junaidi
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 analyze 'Ali 'Abd al-Raziq's thoughts on the relationship between Islam and nationalism, especially in the context of the dissolution of the Ottoman Caliphate. This study explores al-Raziq's arguments that reject the concept of caliphate-based Islamic politics and support the separation of religion and state. The method used is library research with a descriptive-analytical approach to al-Raziq's main work, Al-Islam wa Usul al-Hukm, as well as academic literature discussing the response of scholars to his ideas. The results show that al-Raziq argues that Islam is a spiritual religion that does not have a specific system of government, so that the state can be built based on the principles of modern nationalism. His views sparked heated debate among Muslim scholars and intellectuals. This study emphasizes that al-Raziq's thinking contributed to the discourse of Islamic politics and is relevant to the debate on the relationship between religion and the state. nationalism; 'Ali 'Abd al-Raziq; caliphate; Islamic politics.
Kharaj dan Agraria: Studi Komparasi Sistem Kharaj Masa Awal lslam dan Agraria di Indonesia Aji Damanuri
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to compare the kharaj system in early Islamic times with the agrarian system in Indonesia to understand the similarities and differences in land management and agricultural taxes. The method used is juridical-historical research with a comparative approach through a literature study of classical Islamic sources and agrarian regulations in Indonesia. The results of the study show that kharaj is a land tax system applied in early Islamic rule to regulate land ownership and utilization, while the Indonesian agrarian system is based on the concept of customary rights and modern regulations such as the Basic Agrarian Law (UUPA). Although it has the principle of fairness in land distribution, the kharaj system is more oriented towards state revenue, while Indonesian agrarian law emphasizes the welfare of the people. This study recommends integrating the principle of kharaj justice into modern agrarian policy.
Penyelesaian Sengketa Alternatif Dalam Perselisihan Perdata: Suatu Rekomendasi Pembaharuan Hukum Formal Yang Responsif Aries Isnandar
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to explore the effectiveness of alternative dispute resolution (ADR) in handling civil disputes and formulating recommendations for formal legal reform that is more responsive to the needs of the community. The research method used is normative juridical with a legislative approach and conceptual analysis. Data was obtained through a literature study that included legislation, court decisions, and related literature. The results of the study show that ADR mechanisms, such as mediation and arbitration, have great potential to resolve disputes more quickly, efficiently, and fairly than litigation. However, limitations in regulation and implementation are still obstacles. Therefore, more adaptive formal legal reforms are needed, including enhancing the role of judges in promoting ADR and harmonizing procedural rules to strengthen its effectiveness in the Indonesian legal system.
Wali Nikah dan Kebebasan Perempuan: Studi Komparatif Hukum Keluarga Malaysia, Maroko, Tunisia dan Syiria Miftahul Huda
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to compare the concept of guardian and women's freedom in family law in Malaysia, Morocco, Tunisia, and Syria. The method used is normative juridical research with a comparative law approach through the analysis of marriage laws in the four countries. The results show that Malaysia and Syria still maintain the obligation of a guardian for women, with certain limitations in granting permission. Meanwhile, Morocco provides flexibility by allowing adult women to marry without a guardian, while Tunisia completely abolishes the role of the marriage guardian as a condition of marriage. These differences reflect variations in the interpretation of Islamic law and state policies on women's rights in marriage. This study emphasizes that women's freedom to choose a spouse must maintain a balance between the principles of Islamic law and human rights.
Konsep Hak Milik Menurut Islam, Kapitalis dan Sosialis: Sebuah Komparasi Subroto Subroto
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to compare the concept of property rights in the perspectives of Islam, capitalism, and socialism in order to understand the fundamental differences and their implications in the economic and legal systems. The method used is normative juridical research with a comparative law approach. Data were obtained through a literature study that included religious literature, economic theory, and related regulations. The results showed that in Islam, property rights are individual but limited by social interests and justice. Capitalism emphasizes private ownership without significant restrictions, while socialism emphasizes collective ownership for the sake of social equality. This comparison reveals that the Islamic system offers a balance between individual ownership and the public interest, in contrast to the extreme approaches of capitalism and socialism. Therefore, the concept of property rights in Islam has the potential to become a fairer alternative model for resource management.

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