Jurnal Kajian Hukum dan Sosial
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.
Articles
359 Documents
<![CDATA[Penegakan Hukum di Indonesia: Sebuah Harapan dan Kenyataan ]]>
<![CDATA[Rif'ah Roihanah]]>
<![CDATA[ Justicia Islamica Vol 12 No 1 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i1.258
<![CDATA[The problem of law enforcement is an interesting thing to discuss, especially because there is an imbalance between the legal aspects of expectations and aspects of legal application in reality. Ironically, public compliance with the law is very concerning. This is triggered by weak law enforcement. It can be said that the law in this country is sharp downwards and blunt upwards. Law enforcement should be accountable (responsible), impartial and not easily intervened so that the results can be accounted for before the public. People need legal certainty over the legal system that applies in this country, because law enforcement cannot stand alone without the legal system itself. To establish and build an accountable law enforcement system, it is necessary to involve all stakeholders and most importantly the support of a clean government. The government must be at the forefront of law enforcement to provide hope to the public for legal certainty.]]>
<![CDATA[Efektifitas Program PPA-PKH di Kabupaten Ponorogo: Tinjauan Yuridis Sosiologis ]]>
<![CDATA[Ridho Rokamah]]>
<![CDATA[ Justicia Islamica Vol 12 No 1 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i1.259
<![CDATA[The PPA-PKH program has been implemented in Ponorogo District, specifically PPA-PKH which was implemented in 2011 - 2013, and has had many positive impacts on the reduction of child labor. The target of the PPA-PKH program is to return children who work and drop out of school back to school. However, an initial survey found that some participants of the PPA-PKH program were still reluctant to return to school and chose to continue working. Therefore, the researcher is interested in further examining how the effectiveness of the implementation of this PPA-PKH program with the formulation; 1) how is the effectiveness of the implementation of data verification and validation of the PPA-PKH program in Ponorogo Regency, 2) how is the effectiveness of the implementation of the program for 1 month in the shelter of the Ponorogo Regency Vocational Training Center (BLK), and 3) how is the effectiveness of post-shelter coaching in fulfilling the basic rights of child workers who participate in the PPA-PKH program in Ponorogo Regency? The results of this study are: First, the verification and validation of data carried out by the PPA-PKH program implementers in Ponorogo Regency has been effective after following the procedures of the central PPA-PKH implementers. Second, the implementation of the PPA-PKH program for one month in the shelter is effective and in accordance with the provisions of the PPA-PKH program from the center, Third, the post-shelter coaching conducted by the PPA-PKH program implementation committee of Ponorogo Regency cannot be effective because 1) the implementation time is too short, 2) the school distance is too long from the implementation time, 3) the post-shelter coaching budget is inadequate, and 4) the paradigms of participants and people are difficult to change in a short time.]]>
<![CDATA[Pemahaman tentang Taharah Haid Nifas dan Istihadah: Studi Kasus Ibu-ibu Jama’ah Muslimat Yayasan Masjid Darussalam Tropodo Sidoarjo ]]>
<![CDATA[Agus Romdlon]]>
<![CDATA[ Justicia Islamica Vol 12 No 1 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i1.260
<![CDATA[The discussion of blood in women, namely menstruation, postpartum bleeding and istihaadah, is one that is most often questioned by women. It is also one of the most difficult topics in fiqh, so many people misunderstand it. Even though it has been discussed many times, there are still many Muslim women who do not understand the rules and differences between these three bloods. Perhaps this is because the blood comes out of the same channel, but in every woman, the situation is not always the same, and the rulings and handling are different. Menstruation, postpartum bleeding and istihaadah are a necessity in a woman's life, so women should not be ignorant in this matter. It affects the validity of an act of worship because it is related to purity from hadats and impurity. This study aims to reveal the understanding of the Muslim women of the Darussalam mosque in Tropodo Sidoarjo about the three bloods for women. Namely menstrual blood, postpartum and istihadhah. How the Muslim women already know or not about the theories of fiqh that have to do with the three blood. This research is characterized by a field that takes research samples in the Muslim congregation of the Darussalam Tropodo Sidoarjo mosque foundation. The results show that the understanding of Muslim women Darussalam majority already know about things that have correlation and association with menstruation, nifas and istihadhah.]]>
<![CDATA[Politik Hukum HAM di Indonesia ]]>
<![CDATA[Endrik Safudin]]>
<![CDATA[ Justicia Islamica Vol 12 No 1 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i1.261
<![CDATA[Law was born to provide protection, justice and certainty in every dimension of social and state life, both individuals and groups. In this context, the law provides guarantees and principles of recognition and protection of human rights. This noble goal of the law will be easily realized when the politics of the law is clear. But in reality, the occurrence of human rights violations cannot be denied even though since the beginning the Indonesian state has adhered to the principles of the rule of law and democracy. Cases of human rights violations in the past are debts that must be resolved. Therefore, one of the problems today is how to resolve cases of human rights violations that occurred in the past and how to prepare more responsive legal instruments so that in the future human rights violations, especially those committed by the state, can be avoided. Furthermore, the resolution of past human rights violations is the key to upholding human rights in Indonesia in the future. This is where the political meaning of human rights law in Indonesia is to design more responsive legal regulations. Therefore, to create a more responsive politics of human rights law in Indonesia, we must first examine the journey of human rights in Indonesia through historical research. This is because historical research can reveal how the concept of human rights has been made in the past and how the concept of human rights should be made to build a better future. For this reason, a high commitment is needed from the government to develop the politics of human rights law in Indonesia. ]]>
<![CDATA[Analisa terhadap Batasan Minimal Usia Pernikahan dalam UU. No. 1 Tahun 1974 ]]>
<![CDATA[Dewi Iriani]]>
<![CDATA[ Justicia Islamica Vol 12 No 1 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i1.262
<![CDATA[This article discusses the judicial review process on the minimum age of marriage as stipulated in Marriage Law No. 1 of 1974. The age limit permitted in a marriage according to Law No.1 of 1974 is if the male party has reached the age of 19 (nineteen) years, and the female party has reached the age of 16 (sixteen) years. Meanwhile, in the Compilation of Islamic Law stipulated in Article 15 paragraph (1), for the benefit of families and households, marriage may only be carried out by prospective brides who have reached the age stipulated in Article 7 of Law No. 1 of 1974. According to the Civil Law in Article 29 determines; Every man who has not reached the age of 18 full years and a woman who has not reached the age of 15 full years, is not allowed to enter into marriage, but if there are important reasons the President can waive the prohibition by giving dispensation. This is contrary to Law No. 23 of 2002 on Child Protection, which states that a child is someone who is not yet 18 years old. The existence of different rules for the category of adult age in various laws and regulations needs to be tested in the Constitutional Court, so the minimum age limit for marriage is very necessary for prospective brides and grooms. ]]>
<![CDATA[Permintaan, Penawaran, dan Harga Perspektif Ibnu Khaldun ]]>
<![CDATA[Husna Ni'matul Ulya]]>
<![CDATA[ Justicia Islamica Vol 12 No 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i2.325
<![CDATA[Ibn Khaldun is one of the famous economists in the history of Islamic thought, where he lived in the second period of the history of Islamic thought. In his book Muqaddimah, he describes many economic theories that are widely applied in modern economics, one of which is the theory of demand, supply and price. He agrees that the price is formed from the tug of war of supply and demand, while still considering other factors. In this case, Ibn Khaldun's theory has many similarities with modern economics, this may be due to many Western thinkers who adopted his thoughts, although Ibn Khaldun's theory tends to lead more to empirical evidence than to be poured into statements.]]>
<![CDATA[Peran STAIN Ponorogo dalam Memotivasi Sarjana Menjadi Wirausaha Muda Mandiri ]]>
<![CDATA[Ika Susilowati]]>
<![CDATA[ Justicia Islamica Vol 12 No 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i2.326
<![CDATA[The role of a university in motivating its undergraduates to become young entrepreneurs is very important in growing the number of entrepreneurs. With the increase in entrepreneurs from among undergraduates, it will reduce the increase in unemployment and even increase the number of jobs. The question is how the college can produce young entrepreneurs. The role of higher education in fostering entrepreneurship can be explained by several opinions of experts in the field of entrepreneurship. One of them is explained by Thomas Zimmerer that one of the factors driving entrepreneurial growth is entrepreneurship education. In addition, Douglas A. Gray suggested starting a business early, for example when he was in college. While this study seeks to collect empirical data on motivational factors that encourage undergraduates to become entrepreneurs. The results of this study state that the satisfaction factor, the freedom to live life factor, and the opportunity factor, are factors that encourage STAIN Ponorogo alumni to decide to become entrepreneurs. So the role of universities, especially STAIN Ponorogo, is to provide information about opportunities, satisfaction and freedom to live what life will get if you become an entrepreneur, as well as provide entrepreneurship education, and provide a forum for students to apply their knowledge by setting up small businesses in locations around the college. The role of a university determines the creation of reliable young entrepreneurs.]]>
<![CDATA[Penyelesaian Sengketa Ekonomi Syari’ah menurut Pengelola BMT IKPM Gontor Ponorogo ]]>
<![CDATA[Aji Damanuri]]>
<![CDATA[ Justicia Islamica Vol 12 No 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i2.327
<![CDATA[Along with the development of shari'ah financial institutions in Indonesia, shari'ah banking problems are also increasingly occurring in Indonesia. The next problem that arises is who has the authority (competence) to resolve it? Is it the District Court (PN) or the Religious Court (PA)? Based on these problems, researchers are interested in examining; how is the understanding of BMT IKPM Gontor Ponorogo managers of the concept of shari'ah economic dispute resolution? And how are the forms of settlement of shari'ah economic disputes at BMT IKPM Gontor Ponorogo? This research took place at BMT IKPM Ponorogo because this BMT is among those trying to implement pure shari'ah financing with various kinds of problems that need further handling. The results of this study are; The concept of sharia economic dispute resolution according to the manager of BMT IKPM Gontor is built on the principle of helping and kinship, therefore deliberation and consensus are the main choices in resolving problems with customers, so that customers with problems are considered as people who must be helped, not people who are punished. Meanwhile, the forms of settlement of shari'ah economic disputes at BMT IKPM Gontor Ponorogo are in accordance with the principle of kinship because they are pursued through deliberation and as much as possible avoid bringing disputes into the realm of law. The forms of settlement carried out are in the form of debt scheduling, elimination of fines, and closing customer dependents with social funds taken from SHU.]]>
<![CDATA[Konsep Ekonomi Jamaah Tabligh: Studi Pemikiran Maulana Muhammad Zakariyya dalam Kitab Fadhilah Al-Tijaarah ]]>
<![CDATA[Khusniati Rofi'ah]]>
<![CDATA[ Justicia Islamica Vol 12 No 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i2.328
<![CDATA[Jamaah Tabligh is a sect that focuses on the issue of increasing faith and good deeds, by moving to invite and preach through khuruj fiisabilillah, which is going out for 3 days, 40 days or 4 months. Because of the obligation to leave their families for a certain period of time, there is a growing assumption in the community that they often neglect their families during khuruj, do not provide for them and do not work. However, they also have guidelines on economic activities in everyday life, which are contained in the book Fad}ilah Tijarah by Maulana Zakariyya Al-Kandahlawi. This book not only discusses the virtues of trade, but more broadly discusses how a Muslim should seek the necessities of life by paying attention to the signs of Islamic law. The existence of this book proves that the Tabligh congregation actually also has attention to economic activities and world affairs.]]>
<![CDATA[Implementasi Eksekusi Uang Paksa (Dwangsom): Studi terhadap Putusan-putusan Hakim tentang Uang Paksa (Dwangsom) di Pengadilan Negeri Ponorogo ]]>
<![CDATA[Munawir S.H.]]>
<![CDATA[ Justicia Islamica Vol 12 No 2 (2015) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v12i2.329
<![CDATA[Ponorogo District Court is a court of first instance that handles many civil and criminal law cases. In handling civil law cases filed at the Ponorogo District Court, sometimes there are also demands for forced money / wangsom. From 2009 to 2013 based on the results of interviews with Mrs. Heny Trimira, deputy chairperson of the Ponorogo District Court there were 15 to 20 cases of default disputes in which there were also demands for forced money, but only 5 cases were granted. The reason why not all forced money claims are granted by the court is because in practice it is already difficult to enforce the main claim. Based on the five decisions sampled from 2009 to 2013, three decisions granted the main verdict and the award of dwangsom as a guarantee for the implementation of the main verdict. So that if you pay attention, even though the five decisions above have a dwangsom claim, not all of them were simultaneously granted by the panel of judges in the decision. So from the five decisions, with the granting of 3 decisions on the application for dowry, it proves that dowry is still relevant to be used as a guard so that the main decision is immediately implemented by the losing party.]]>
