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Lukman Santoso
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Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
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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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Risalah Fiqh Wanita Pemikiran Fiqh Perempuan Progresif KH. Muchith Muzadi M.N. Harisudin
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.v10i1.146

Abstract

This article examines KH Muchith Muzadi's thoughts on women's fiqh, known as progressive women's fiqh. In this treatise, KH Muchith Muzadi emphasizes the importance of a contextual approach in understanding Islamic law related to women, taking into account social dynamics, culture, and the needs of the times. Through an analysis of his works, this article identifies the basic principles underlying his progressive thinking, such as justice, equality and women's empowerment. In addition, the article also discusses the implications of these thoughts for the practice of fiqh in society, as well as the challenges faced in its implementation. Thus, this treatise is expected to make a significant contribution to women's fiqh discourse and encourage the reformation of thinking that is more inclusive and responsive to the needs of women in the contemporary era.
Nalar Kritis Atas Positivisme Hukum Studi terhadap Perda Syariat di Indonesia Agus Purnomo
Justicia Islamica Vol 10 No 2 (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.v10i2.147

Abstract

This paper seeks to find the rationale for the preparation of the Sharia Regional Regulation by referring to the epistemology of its preparation. The research begins by re-examining the existing epistemology in legal science, namely between legal positivism and legal realism. Each school of thought will be formulated with its characteristicsThe characteristics of each school of thought will be formulated and then matched with the characteristics that exist in the preparation of Sharia local regulations and analyzed. Based on the characteristics identified, it is found that the preparation of Sharia local regulations follows the positivistic paradigm. This is based on several similarities, namely: a) Sharia local regulations lacka) Sharia local regulations do not consider the socio-juridical implications, b) Sharia local regulations “force” to legislate abstract and private Sharia values, c) Legislation is urgent, d) Sharia local regulations are more concerned with the positivization process than formulating the substance. From some of the characteristics as stated above, the implication is that Sharia local regulations receive criticism as the positivistic paradigm of thought, namely: a) The ambiguity of the formalization of the Sharia Regional Regulation: Between Law and Morals, b) Ineffective Legislation of Local Regulations, c) Violating Human Rights, d) Having a Motive ofHuman Rights, d) Having Political Motives and e) Sharia Regional Regulation is only Symbolic.
Epistemologi Hukum Islam Muslimah Hizbut Tahrir Indonesia (MHTI) dI Balik Gagasan Anti Kesetaraan Gender Isnatin Ulfah
Justicia Islamica Vol 10 No 2 (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.v10i2.148

Abstract

The struggle of feminists to liberate women from patriarchal domination and place them on equal footing with men is not shared by all women. Muslimah Hizbut Tahrir Indonesia (MHTI), a subordinate women's organization of HTI, rejected this effort. According to MHTI, women's natures, which are biologically different from men's, also carry implications for the differences in their respective roles;women at home taking care of children, men earning a living. For them, Islam has very clearly regulated these differences. MHTI's perception is inseparable from their perspective and understanding of religious doctrines and texts. In other words, religious fundamentalism turns out to be strongly influenced by the encouragement contained in the teachings of the religion itself. It is from this side that this paper is written, to find out their epistemological perspective in understanding religious texts.religious texts. It can simply be concluded that from an epistemological perspective, their rejection of gender equality turns out to be intertwined with their very textual understanding of the Qur'an and h} adi> th, and ignores the history of the text and the interpreter.
Wujud Al Hilal antara Teori dan Aplikasi Ahmad Junaidi
Justicia Islamica Vol 10 No 2 (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.v10i2.149

Abstract

One of the largest mass organizations in Indonesia is Muhammadiyah. With a very large number of followers, perhaps Muhammadiyah feels the need to make its own decisions regarding the determination of the beginning of the month which will be used as a reference for the implementation of various worship activities. Muhammadiyah believes that H{isa>b with Wuju>d al-Hila>l criteria is a method that provides certainty and convenience in determining the beginning of the hijri>yah month, because the method is based on astronomical mathematical rules that are certain. However, the hope for this methodHowever, the hope for this method has only been achieved at the level of simplifying the system, not at the stage of giving certainty, because certain cases have not been answered using this definitive h}isa>b method.
Restorative Justice Bagi Anak Pelaku Tindak Pidana Perkosaan Anak Perspektif Hukum Islam dan Hukum Positif Ridho Rokamah
Justicia Islamica Vol 10 No 2 (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.v10i2.150

Abstract

The high number of cases of sexual violence against children in the UPPA of the Polres and the Women's and Children's Protection Committee of Ponorogo District has recently put law enforcers (judges, prosecutors, and police) in a difficult position. The officialsThey prefer to provide a policy not to process the case, especially if the victim's family and the perpetrator want to make peace after the victim becomes pregnant. If the facts and evidence require punishment, then lenient charges are the preferred alternative. The reason is that children are victims of the environment (family/friends) who need education. This policy of law enforcement officials, especially the Polres, is called restorative justice because there is an element of deliberation or agreement for the sake of justice from the victim and the perpetrator. In the Islamic perspective, children who are still not legally accountable for their actions (not yet mukallaf) are not subject to punishment as adults. In Islam, there is a limitation that criminal law can be applied to children until they become mukallaf, if they have not reached that age, the law cannot be applied. As in positive law, the law can be applied to anyone without age limit. It's just that for children criminal offenders must be treated specifically.
Perlindungan Hukum terhadap Anak di Era Globalisasi Antara Ide dan Realita Layyin Mahfiana
Justicia Islamica Vol 10 No 2 (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.v10i2.151

Abstract

Globalization is an inevitable development of the world. Every citizen must be ready to face this era of globalization as well as children. There are many positive aspects that can be utilized by children to support their growth and learning, but there are also many negative aspects that must be watched out for. The rule of law regarding child protection in this era of globalization has been established, therefore its law enforcement requires the role of parents, society, schools, government to create a proper environment for the development of children's souls.
Kejahatan Pornografi Upaya Pencegahan dan Penanggulangannya di Kabupaten Ponorogo Irma Rumtianing Uswatul Hanifah
Justicia Islamica Vol 10 No 2 (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.v10i2.152

Abstract

The government has issued Law No. 44/2008 on pornography. One of the objectives of the law is to realize and maintain an ethical society, to have a noble personality, to uphold the values of God Almighty, and to respect the dignity of humanity. In its development, pornographic material has experienced rapid growth andand spread rapidly along with the development and advancement of information and communication technology. The circulation and dissemination of pornographic films is now increasingly rapid because it is supported by the sophistication of information and communication facilities, one of which is the internet media that can be accessed by the public at any time. The following paper will examine how the efforts and strategies carried out by the Ponorogo District Government in preventing and overcoming pornographic crimes in Ponorogo District, what are the obstacles and solutions in preventing and overcoming pornographic crimes in Ponorogo District and how policy formulation for the prevention and overcoming of pornographic crimes in Ponorogo District.
Urgensi Regulasi dan Edukasi Produk Halal bagi Konsumen Rahmah Maulida
Justicia Islamica Vol 10 No 2 (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.v10i2.153

Abstract

The regulation of Halal Food is the important thing in context of Muslim of Indonesia. But the lack of education and socialization of halal products in Ponorogo give a significant impact to ignorance of society to consume the halalness. Actually, the consumers really realize that goverment must take a guarantee of safety products, like food, meat, drink, and medicine. But, they give difference opinions about the best strategies of certification of halalness in Indonesia. This article aim to explore the urgencies of educating the halalness, to protect the consumers’ rights in their intake daily life.Kata kunci:Halal Product, Halal Campaign, LPPOM MUI.
Eksistensi Peradilan Agama Pasca Putusan Mahkamah Konstitusi No.93/PUU-X/2012 tentang Penyelesaian Sengketa Perbankan Shariah Siti Nurhayati
Justicia Islamica Vol 12 No 1 (2015)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v12i1.256

Abstract

Shariah Banking as one of the national banking systems requires various supporting facilities such as legislation. The relevant law that has been enacted to support Shariah Banking is Law Number 21 of 2008 concerning Shariah Banking. In this law, it is explained that religious courts and general courts are authorized to resolve sharia banking disputes. The existence of 2 (two) authorities in this sharia banking dispute into 2 (two) judicial institutions has led to dualism of authority. The inclusion of disputes in the field of sharia banking in the general judicial environment can lead to tangents or conflicts of judicial authority which can result in the absence of order and legal certainty in law enforcement, especially the settlement of sharia banking disputes. The Constitutional Court through Decision Number 93/PUU-X/2012 confirmed that the explanation of Article 52 paragraph (2) of Law Number 21/2008 on Sharia Banking is contrary to the 1945 Constitution and has no binding legal force. It is the explanation of the article that has been the cause of the emergence of choice of dispute resolution (choice of forum). The constitutional consequence is that since the decision, institutions within the Religious Courts are the only judicial institutions authorized to hear sharia banking disputes.
Ke-Hujjah-an Sadd Al-Dhari’ah Ulin Na'mah
Justicia Islamica Vol 12 No 1 (2015)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v12i1.257

Abstract

Sadd al-dhari>’ah is an effort of blocking a likely way that may end up in forbidden and destructive things. In other words, it is a way to ban something which is basically aloowed, resulted from its potency of bringing about doing something absolutely forbidden. Therefore, in this case, it is considered a method of legislating syar’i law, instead of whether or not it is used as evidences. Yet, there is divergng view of Ulama on its validity of using it as hujjah. There are several Ulama who accept its validity as hujjah and who reject it. Meanwhile, the validity of sadd al-dhari>’ah is considered valid if it receives a legitimation from the authoritative government along with its sanctions for who violates.    

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