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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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Perlindungan Terhadap Pekerja Anak di Indonesia: Kajian Historis Ridho Rokamah
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine efforts to protect child laborers in Indonesia from a historical perspective, by tracing the development of policies and regulations from the colonial period to the reformation era. This study uses a qualitative method with a historical-normative approach, through the study of documents, legislation, and relevant literature. The results show that the issue of child labor has been a concern since the Dutch East Indies era, but comprehensive legal protection has only begun to develop after independence. The Manpower Act and the ratification of international conventions have become important milestones in the strengthening of children's rights. However, the challenge of implementation is still high due to socio-economic factors and weak law enforcement. This study emphasizes the importance of synergy between policy, education, and public awareness in eliminating the practice of child labor in a sustainable manner.
Perlindungan Terhadap Aktivitas Perempuan di Bidang Politik dan Tenaga Kerja Munawir Munawir
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the protection of women's activities in politics and labor in the context of law and policy in Indonesia. Using a qualitative method with a juridical-sociological approach, this study examines regulations that guarantee gender equality and the structural obstacles faced by women. The results show that despite various regulations such as Law Number 7 of 1984 concerning the Ratification of the CEDAW Convention and the Manpower Act, their implementation is still not optimal. Women still face discrimination, limited access, and gender stereotypes in both politics and the job market. This study emphasizes the importance of consistent law enforcement, gender education, and policy reform to create a fair and equal space for women's participation.
Problem Pengembangan Kreativitas Hakim di Tengah Intervensi Kekuasaan dan Mafia Peradilan: Bercermin dari Pemikiran Filsafat Hukum Roscoe Pound Ahmad Syafi'i SJ
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the problems of developing the creativity of judges in dealing with the intervention of power and judicial mafias, with reference to Roscoe Pound's philosophy of law. This study uses a qualitative method with a normative legal philosophy approach, through literature analysis and relevant case studies. The results show that in Roscoe Pound's perspective, law is a tool of social engineering that requires judges to be creative in interpreting the law for substantive justice. However, the reality in Indonesia shows that the creativity of judges is often hampered by external pressures, both from political power and judicial mafia practices. This study emphasizes the need for reform of the judicial system and the protection of the independence of judges so that their strategic role as agents of legal change can develop optimally.
Perlindungan Hukum Terhadap Anak Dalam Proses Peradilan Sebagai Upaya Untuk Melindungi Hak Asasi Anak Layyin Mahfiana
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the form of legal protection for children in the judicial process as part of an effort to guarantee and protect children's human rights in Indonesia. The method used is qualitative with a juridical-normative approach, through analysis of legislation, international conventions, and case studies of juvenile justice. The results show that the juvenile criminal justice system in Indonesia has improved, especially through the ratification of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. However, challenges in implementation such as a lack of trained human resources and a lack of supporting facilities are still major obstacles. This study emphasizes that effective legal protection requires collaboration between law enforcement, child protection agencies, and community participation to ensure a child-friendly judicial process that upholds children's rights.
Menggali Potensi Wakaf Produktif Untuk Kesejahteraan Umat Unun Roudlotul Janah
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to explore the potential of productive waqf as an Islamic economic instrument in realizing the welfare of the ummah. Using a qualitative method and a literature study approach as well as secondary data analysis, this study examines the concept, practice, and challenges of implementing productive waqf in Indonesia. The results show that productive waqf has great potential to support the economic development of the ummah, especially in the education, health, and economic empowerment sectors. However, challenges such as low waqf literacy, weak nadzir management, and limited technical regulations are still major obstacles. This study recommends increasing the capacity of waqf managers, regulatory support, and synergy between sharia financial institutions and waqf institutions so that the potential of productive waqf can be optimized in a sustainable manner.
Sistem Pengupahan Dalam Islam Aji Damanuri
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the wage system from an Islamic perspective, by highlighting the principles of justice, transparency, and humanity contained in Islamic teachings. Using a qualitative method through a literature study approach, this study analyzes primary sources such as the Qur'an, Hadith, and classical and contemporary fiqh literature. The results showed that the wage system in Islam emphasizes the importance of an agreement between workers and employers, the obligation to pay wages on time, and the prohibition of labor exploitation. Islam views wages as a right that must be fulfilled fairly as part of maintaining human dignity. This study confirms that the implementation of a wage system in accordance with Islamic values can create social justice and increase work productivity.
Status Kewarisan Anak di Luar Nikah: Telaah atas Pemikiran Syi'ah Imamiyyah Irma Rumtianing U.H
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the inheritance status of children born out of wedlock from the perspective of Imamiyyah Shi'ite thought. Using a qualitative method and a normative-theological approach, this study examines Shi'ite fiqh literature and compares it with the views of the Sunni school. The results show that the Imami Shi'ites provide greater opportunities for children born out of wedlock to obtain certain rights, including inheritance from the mother, but not from the father, unless there is recognition. This approach is based on the principle of justice and protection of the rights of children as individuals. This study shows significant differences in the interpretation of inheritance law between Islamic schools of thought, as well as the importance of a contextual approach in addressing modern family issues.
Khitan Perempuan Dalam Pandangan Fiqh, Budaya dan Female Genital Mutilation (FGM) Rohmah Maulidia
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the practice of female circumcision from three perspectives: Islamic fiqh, local culture, and the international approach known as Female Genital Mutilation (FGM). This study uses a qualitative method with a multidisciplinary approach, through a literature review of classical and contemporary fiqh, cultural anthropology, and international documents. The results showed that in fiqh, female circumcision has different legal statuses depending on the school of thought, ranging from obligatory to sunnah or permissible. On the other hand, cultural practices are often mixed with elements of patriarchal tradition without a strong medical basis. Meanwhile, FGM is globally condemned as it is considered harmful to women's health. This study emphasizes the importance of distinguishing between religious teachings and harmful cultural practices, as well as the need for an educational and contextual approach in responding to this issue.
Public Interest Sebagai Sumber Hukum Islam: Studi Terhadap Konsepsi Al Maslahah Najm al-Din al-Tufi M. Nur Agus Salim
Justicia Islamica Vol 6 No 1 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the concept of public interest as a source of Islamic law through Najm al-Din al-Tufi's thinking on al-maslahah. The method used is qualitative with a normative-philosophical approach, through a literature study of al-Tufi's works and classical and contemporary Islamic legal literature. The results of the study show that al-Tufi places al-maslahah as an independent source of law that can override other arguments in a particular social context, especially in the realm of muamalah and socio-politics. This concept is considered progressive because it emphasizes the flexibility of sharia in responding to the needs and interests of the ummah. This study concludes that al-Tufi's ideas provide ample room for ijtihad for the formation of Islamic law that is contextual, relevant, and responsive to the dynamics of the times.
Imam al-Ghazali dan Kerangka Keilmuan Ushul al-Fiqh: Telaah terhadap al-Mustasfa min 'Ilm al-Ushul Abid Rohmanu
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Imam al-Ghazali's contribution to the formation of the usul al-fiqh scientific framework through an analysis of his monumental work, al-Mustasfa min 'Ilm al-Ushul. Using a qualitative method with a descriptive-analytical approach, this study traces the structure of thought, methodology, and integration between philosophical rationality and Islamic scientific tradition in the work. The results of the study show that al-Ghazali succeeded in compiling a comprehensive ushul al-fiqh system by balancing between naqli evidence and aqli approach. Al-Mustasfa is considered the pinnacle of the development of the mutakallimin school of ushul al-fiqh and an important reference in the study of classical to contemporary Islamic law. This research emphasizes that al-Ghazali's contribution is not only normative, but also methodological, capable of bridging the need for ijtihad across eras.

Page 32 of 36 | Total Record : 359

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