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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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Penerapan Hukum Islam di Indonesia Sirojudin Ahmad
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the application of Islamic law in Indonesia in the context of a pluralistic national legal system. As a Muslim-majority country, various aspects of Islamic law have been accommodated in legislation, especially in the fields of family law, Islamic banking, and zakat. This study uses a qualitative method with a literature study approach, examining Islamic legal regulations, fatwas, and their implementation in the Indonesian legal system. The results showed that the implementation of Islamic law in Indonesia is progressing gradually through legal-formal policies, such as the Islamic Law Compilation (KHI) and the Sharia Banking Law. However, challenges remain, especially in the aspect of harmonization with national law and the principle of diversity. This study emphasizes that the implementation of Islamic law in Indonesia must consider contextual aspects in order to remain in harmony with the values of justice and diversity in society.
Membincang Kembali Poligami: Telaah Kesejarahan atas Praktek Poligami Dalam Islam Agus Purnomo
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the practice of polygamy in Islam from a historical perspective, by exploring the social, cultural, and legal background surrounding it. Polygamy in Islam is often a subject of debate, especially in relation to the interpretation of verses from the Qur'an and their historical context. This study uses a qualitative method with a literature study approach, examining classical and contemporary sources on the law and practice of polygamy in various periods of Islamic history. The results show that polygamy in Islam has a flexible legal basis, with certain conditions that emphasize fairness. In a historical context, the practice of polygamy is influenced by social factors and the needs of the times, not merely as a general norm. This study emphasizes that the understanding of polygamy must consider the historical context and the purpose of sharia, so that its application remains relevant to the principle of justice in Islam.
Konsep Kepemimpinan Rumah Tangga: Telaah Atas Pemikiran Asghar Ali Engineer Siti Habibah Jazila
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the concept of household leadership in the perspective of Asghar Ali Engineer, a progressive Islamic thinker who highlights the issue of gender equality in Islam. Engineer interprets leadership in the household in an egalitarian manner, rejecting patriarchal domination, and emphasizing the principles of deliberation and justice between husband and wife. This study uses a qualitative method with a literature study approach, analyzing Engineer's works and her interpretation of verses from the Qur'an relating to household leadership. The results show that Engineer's concept of household leadership emphasizes cooperation and justice over an authoritative hierarchy. His perspective contributes to the modern discourse on gender roles in Muslim families. This study emphasizes that the interpretation of household leadership in Islam must consider the values of equality and justice in accordance with the spirit of maqashid sharia.
Implementasi UU No 23 Tahun 1997 Tentang Pencemaran Lingkungan Hidup: Studi Terhadap Masyarakat Kabupaten Gresik Siti Awaliyah
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the implementation of Law No. 23 of 1997 concerning Environmental Management in Gresik Regency, especially in handling cases of environmental pollution. Gresik Regency, as an industrial area, faces major challenges in maintaining a balance between economic development and environmental sustainability. This study uses a qualitative method with a field and literature study approach, involving regulatory analysis, interviews with stakeholders, and observation of the impact of pollution. The results showed that the implementation of Law No. 23 of 1997 still faces various obstacles, such as weak supervision, lack of public awareness, and dominant industrial interests. Although there are efforts to enforce environmental law and policy, their effectiveness still needs to be improved. This study emphasizes the importance of synergy between the government, industry, and the community in implementing environmental regulations more optimally.
Mewujudkan Cita Hukum Yang Efektif: Suatu Pandangan Teoritis Kamaruddin Kamaruddin
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of an effective legal ideal from the perspective of legal theory. The legal ideal is a normative foundation in the formation and application of law that reflects the values of justice, certainty, and expediency. This study uses a qualitative method with a literature review approach, examining various legal theories and their relevance in building a responsive and effective legal system. The results show that the effectiveness of the legal ideal is influenced by normative and institutional factors, as well as public legal awareness. An ideal law must not only be written in regulations, but must also be applied fairly and in accordance with social needs. This study emphasizes that realizing an effective legal ideal requires a balance between clear regulations, strong law enforcement, and active community participation in the legal system.
Law Enforcement Dalam Mengawal Persaingan Dunia Usaha Munawir Munawir
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the role of law enforcement in overseeing business competition to keep it healthy and fair. Uncontrolled business competition can lead to monopolies, cartels, and abuse of dominant positions that harm small businesses and consumers. This study uses a qualitative method with a literature study approach, examining regulations such as Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and the role of the Business Competition Supervisory Commission (KPPU). The results show that the enforcement of business competition law still faces challenges, such as weak sanctions, lack of inter-agency coordination, and obstacles in proving cases. This study emphasizes that effective law enforcement in business competition requires strict regulations, tight supervision, and legal awareness among business actors in order to create a healthy and competitive business ecosystem.
Etika Bisnis Dalam Islam Suchamdi Suchamdi
Justicia Islamica Vol 3 No 2 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of business ethics in Islam and its application in modern trade and economic practices. Islam emphasizes the principles of honesty, justice, and the prohibition of usury, uncertainty, and luck in business activities. This study uses a qualitative method with a literature study approach, examining primary sources such as the Qur'an, Hadith, and the thoughts of scholars regarding Islamic business ethics. The results showed that Islamic business ethics are oriented towards a balance between economic profit and moral responsibility, which is reflected in the concept of halal-haram, transparency in transactions, and social concern through zakat and almsgiving. The implementation of Islamic business ethics in the modern era still faces challenges, especially in a competitive global economic system. This study emphasizes that the application of Islamic business ethics can create a fairer, more sustainable, and welfare-oriented trading ecosystem.
Challenges and Solutions in the Appointment of Acting Regional Heads (PJ. Kepala Daerah) in Indonesia: A Sharia and Islamic Democracy Perspective Muhammad Mutawalli Mukhlis; Maskun; Muhammad Saleh Tajuddin; Zuhilmi bin Paidi; Muhammad Mawardi Djalaluddin
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.v22i1.10688

Abstract

This study examines the mechanism of appointing regional heads in Indonesia from the perspective of sharia law and Islamic democracy. Using a qualitative approach with descriptive-comparative analysis, the research is based on document analysis and literature review of classical Islamic texts and contemporary Indonesian policies. The results show that although appointing regional heads without direct elections may be necessary under certain conditions to maintain administrative continuity, it raises concerns about legitimacy, transparency, and public participation. From the shariah perspective, the process must uphold justice, trust (amanah), and public welfare (maslahah), in line with Islamic ethical governance. Islamic democracy’s principle of shura (consultation) emphasizes community involvement in leadership selection. The study concludes that a hybrid model integrating meritocracy and shura can offer a solution by promoting democratic accountability and adherence to Islamic values. This contributes to understanding how democratic mechanisms can be harmonized with Islamic political thought in regional governance.
Ushul al-Fiqh Mutakallimin: Review Atas Kitab al-Ihkam fi Ushul al-Ahkam Isnatin Ulfah
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the Ushul al-Fiqh approach of the Mutakallimin school through a critical study of Ibn Hazm's book al-Ihkam fi Ushul al-Ahkam. This book represents the distinctive character of the Mutakallimin method which is rational and systematic in formulating the principles of ushul fiqh. This study uses a qualitative method with a literature study approach, tracing the structure of arguments, legal sources, and Ibn Hazm's position on the method of ijtihad. The results show that al-Ihkam emphasizes the rejection of qiyas and ra'y, and offers a literal approach in understanding the text, which reflects the spirit of purifying Islamic law from elements of subjectivity. This book is one of the important works in the classical Ushul al-Fiqh discourse, especially in understanding the dialectic between rational and textual approaches in Islamic law.
Kritik Nalar Ushul Fiqh: Telaah Komentar Ibnu Rushd Atas Ushul Fiqh al-Ghazali Aksin Wijaya
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Ibn Rushd's criticism of al-Ghazali's usul fiqh reasoning, especially in the aspects of methodology and rationality of Islamic law. Ibn Rushd, as a philosopher and faqih, tried to balance philosophical reasoning and shar'i rules in responding to al-Ghazali's approach, which was considered too theocentric and Sufi. This study uses a qualitative method with a literature study approach, analyzing the main works of both figures such as al-Mustashfa and Bidayat al-Mujtahid. The results show that Ibn Rushd criticized the tendency towards subjectivity in the istihsan and maqashid methods used by al-Ghazali, and emphasized the importance of a rational approach and logical consistency in the istinbath of law. This study shows the intellectual dynamics in classical usul al-fiqh, as well as Ibn Rushd's contribution to strengthening the framework of Islamic legal rationality.

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