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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 368 Documents
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Stock Market Trading between Legal Formalities and Economic Substance: A Macro-Sharia Appraisal Abozaid, Abdulazeem; Elamrawy, Sama; Abdullah, Fuady
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.12466

Abstract

This study examines stock market trading from a macro-sharia perspective by grounding normative evaluation in the empirical realities of contemporary financial markets. Using descriptive empirical analysis of selected stock market indices from developed and emerging economies over the period 2005–2025, the paper explores patterns of price volatility and market behavior that characterize modern stock market trading practices. The findings indicate that persistent volatility, sharp price fluctuations, and speculative dynamics often weaken the linkage between market prices and underlying economic fundamentals, particularly in emerging markets. Building on these empirical observations, the study reassesses stock market trading in light of Shariah principles and the broader objectives of Islamic law (maqāṣid al-sharīa), emphasizing the importance of incorporating systemic outcomes and real economic effects into Shariah evaluation. The paper contributes to the Islamic finance literature by highlighting the need to move beyond purely formal assessments toward a more context-sensitive, macro-level approach.
Legal Pluralism and the Enforcement of Zina Offences: Analysis of Customary and Jinayat Law in the Alas Community, Aceh Sari, Nur Mala; Mustar, Febiawan Suparman; Manan, Abdul; Jailani, Jailani; Sari, Cut Maya Aprita
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.12655

Abstract

This study analyzes the enforcement of adultery in the Alas Tribe community in Southeast Aceh Regency, highlighting the dominance of customary law mechanisms over formal law enforcement, as provided in Qanun Aceh Number 6 of 2014 concerning Jinayat Law. Although the qanun normatively regulates criminal sanctions for adultery, its implementation at the local level has not been effective. This study uses a normative-empirical approach, combining analyses of legislation, case studies, and in-depth interviews with traditional leaders, Wilayatul Hisbah officials, and Sharia Court judges. The results show a dualism in the mechanisms for resolving adultery cases, characterized by a strong community preference for customary law. Customary-based resolution is seen as better at maintaining family honor and restoring social harmony, but it also undermines legal certainty and the effectiveness of criminal punishment. This article argues that the dominance of customary mechanisms reflects the failure of normative integration between jinayat law and customary law, resulting in the inability to achieve the objectives of Islamic criminal punishment (maqāṣid al-'uqūbāt), particularly the deterrent effect, justice, and equality before the law. This research contributes to the development of Islamic legal pluralism studies by emphasizing the importance of functional integration between customary law and Islamic criminal law within indigenous Muslim communities.
Judicial Strategies in Addressing Domestic Violence: Gender-Responsive Legal Analysis from the Religious Court of Malang Regency, Indonesia Meisy Fajarani; Musleh Harry; Muhammad Jihadil Akbar; Nur Jannani; Mikdar Rusdi
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.11804

Abstract

This study aims to analyze judicial efforts to enhance protection for women and children in cases of domestic violence, particularly in the Malang region of East Java, where the number of cases has been increasing annually. The methodology employed is legal research using a case study approach, involving data collection through interviews with judges and analysis of court rulings. The results of the study indicate that judges at the Malang Regency Religious Court have developed various strategies to provide more effective protection, particularly in cases involving gender discrimination and DV. These strategies include the fair and prudent application of the law, consideration of the interests of victims and children, and a holistic, comprehensive approach to adjudication. In adjudicating cases, judges refer to various legal instruments, including Law No. 23 of 2004 concerning the Elimination of Domestic Violence and the Compilation of Islamic Law. Practically, this study serves as a reference for policymakers and judicial officials, particularly judges within the Religious Courts, to enhance sensitivity toward gender issues and improve the effectiveness of handling domestic violence cases, thereby further strengthening legal protection for women and children.
Paid Online Surveys in the Digital Economy: Jurisprudential Classification and Islamic Legal Ruling Saba Mohammad Mustafa Al-Bool
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13338

Abstract

This study examines the jurisprudential classification and Islamic legal ruling on participation in paid online surveys within the digital economy. It addresses the central question: what is the appropriate Islamic contractual framework for paid online survey transactions, and under what conditions does participation become shariah-compliant? Employing a qualitative method that integrates descriptive analysis of digital survey platforms, inductive reasoning from classical jurisprudential sources on juʿālah (reward-based contracts), and analytical application of these principles to contemporary digital labor practices, the study systematically investigates the contractual mechanisms underlying paid online surveys. The findings establish that such surveys are best classified as juʿālah contracts, wherein the platform acts as the employer (jāʿil), the registered participant as the worker (ʿāmil), the monetary or point-based compensation as the juʿl, and the completion of survey questions as the stipulated work. The study further determines that participation is permissible (ibāḥah) under sharia, subject to six jurisprudential conditions: free registration, a known and lawful reward, the absence of prohibited payments, the avoidance of prohibited content, the legal competence of participants, and adherence to sharia guidelines on freedom of expression. These findings advance the emerging field of Islamic digital economy jurisprudence by offering a coherent framework for evaluating digital labor platforms and providing practical guidance for Muslims engaging in contemporary online economic activities.
Resolution without Enforcement: A Critical Study of Case Closure and Substantive Justice in Indonesian Court Mediation Bustanul Arifien Rusydi; Ahmad Khairun Hamrany; Tata Wijayanta; Deslaely Putranti
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13286

Abstract

This study analyses the quality standards of mediated outcomes and the safeguarding mechanisms associated with withdrawal and consent judgments under Supreme Court Regulation (Perma) No. 1 of 2016, through the lens of ṣulḥ, to offer a substantively just model of mediation. Methodologically, the research adopts a normative-conceptual approach, applying dispute system design doctrine to Indonesia’s mediation regulation. Qualitative analysis is conducted on ten sample court decisions representing post-mediation dispositions. The findings indicate that Perma No. 1 of 2016 frames mediation “success” in terms that prioritize case closure over the locking-in of enforceable commitments, thereby weakening protection for claimants in high-stakes disputes. A ṣulḥ-based procedural design is argued to support mediated settlements that are more binding, executory, and capable of deterring dispute recurrence. This study recommends that Perma No. 1 of 2016 be supplemented with a substantive initial classification mechanism requiring mediators to identify the type of dispute and its economic value, and to steer mediation toward an executory consent judgment.
Good Faith in Successive Credit and Sharia Financing Restructuring: Comparative Regulatory Approaches in Indonesia and Japan Marwah Marwah; Rifaatul Mardhahiswana; Aulia Rifai; Muhammad Aswan; Novytha Sary
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13337

Abstract

This article examines how to assess the principle of good faith in restructurings, which may deviate if it neglects the debtor’s repayment capacity. This study employs a normative legal approach, using statutory, conceptual, and comparative analysis of Indonesia and Japan, based on four variables: debtor eligibility, supervisory model, business monitoring, and restructuring frequency limits. The analytical framework uses the principles of good faith and prudential banking as objective standards, supported by the theory of justice and legal certainty. The findings show that restructuring policies in Indonesia and Japan reflect distinct paradigms in interpreting good faith. Although the Indonesian Financial Services Authority limits restructuring to a maximum of three times, conventional banking tends to be flexible, allowing successive restructurings without adequate debtor eligibility. In contrast, Islamic banking imposes stricter limitations due to Sharia compliance. In contrast, Japan does not regulate a numerical limit, but the Japanese Financial Services Agency strictly monitors successive restructuring. This article proposes a model for objectively assessing good faith as a governance standard by integrating contract law, prudential banking principles, and Islamic ethics to ensure that restructuring supports debtor repayment capacity and financial system stability.
Hybrid Online Dispute Resolution for Small-Value E-Commerce Consumer Disputes: Integrating Inclusive Legal Thought and Maqāṣid al-Sharīa Musataklima Musataklima; Khairul Umam; Mahbub Ainur Rofiq; Abdul Kadir; Dwi Fidhayanti
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.12136

Abstract

The growth of e-commerce has increased transaction volumes while also giving rise to small-value consumer disputes that cannot yet be effectively resolved through conventional mechanisms. This study aims to analyze the need to implement Hybrid Online Dispute Resolution (ODR) to resolve small-scale e-commerce consumer disputes and to examine its normative foundations from the perspective of Indonesia’s inclusive legal thought and maqāṣid al-sharīa. The study employs a doctrinal legal method, drawing on legislative and conceptual approaches. Primary, secondary, and tertiary legal materials were collected through a literature review and then qualitatively analyzed using prescriptive analysis techniques through systematic interpretation and legal construction. The results indicate that Hybrid ODR holds philosophical urgency as an instrument that broadens access to justice, accelerates dispute resolution, and reduces the costs of case resolution. From a sociological perspective, this model addresses the rising number of consumer disputes in e-commerce and the limited capacity of the Consumer Dispute Resolution Agency (BPSK). From a legal perspective, Hybrid ODR has the potential to strengthen legal certainty and enhance the effectiveness of consumer protection by integrating online and offline mechanisms. From the perspective of inclusive law, this model derives its legitimacy from nonlinear postulates, the religious character of law that aligns with maqāṣid al-sharīa, particularly ḥifẓ al-māl, and the affirmative action postulate, which provides greater protection for consumers as a vulnerable group. This study contributes by proposing Hybrid ODR as an adaptive, inclusive, and context-sensitive dispute-resolution model to strengthen Indonesia's consumer protection system within its e-commerce ecosystem.
Instrumentalizing Religious Symbolism in Electoral Politics: A Socio-Legal Analysis of Electoral Legitimacy and Post-Election Corruption in Indonesia Agus Machfud Fauzi; Iffatin Nur; Novi Fitia Maliha; Ahmad Ridwan; Hazim Hazim
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13181

Abstract

This study analyzes the paradox between the use of religious symbolism in local election campaigns in Indonesia in 2024 and the corruption committed by several Muslim local leaders after their election. The study employs a qualitative design that combines a normative-juridical approach with comparative socio-political analysis through case studies of five regional heads in East Kolaka, Ponorogo, Central Lampung, Bekasi, and Riau who were arrested by the Corruption Eradication Commission (KPK) in 2025. Normative data were obtained from the literature on siyāsa sharʿiyya, anti-corruption laws and regulations, and official KPK documents. In contrast, empirical data were analyzed using Pierre Bourdieu’s concept of symbolic capital and Max Weber’s theory of charismatic authority. The results indicate that religious symbolism plays an effective role in building electoral legitimacy but does not translate into ethical commitment in governance. Religious identity functions more as political capital than as a foundation for public integrity. These findings suggest that the combination of the instrumentalization of religious symbols and high electoral costs creates incentives for post-election rent-seeking. In practical terms, this study recommends strengthening political integrity through electoral financing reform, ethical oversight of public officials, and the development of leadership indicators that emphasize integrity alongside religious symbolism.

Page 37 of 37 | Total Record : 368

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