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.
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359 Documents
<![CDATA[Nafkah Anak Pasca Perceraian menurut Abu Zahrah dan Implikasinya bagi Pelaksanaan Hukum Islam di Indonesia ]]>
<![CDATA[Udin Safala]]>
<![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.v12i2.330
<![CDATA[This paper discusses Abu Zahrah's views on child maintenance after divorce to read critically about the concept in Islamic law in Indonesia. From the exploration of the theoretical framework and library data found, it can be concluded that; First, Abu Zahrah is more likely to use and explore the ideas raised by Abu Hanifah and his followers rather than the ideas of the other three Imam (Malik, Shafi'i, and Ah}mad) for reasons not only because the ideas and theories of Abu Hanifah and his followers tend to be moderate when compared to others but also because these ideas are ideal ideas for the sociological society of Egypt at that time; Secondly, child maintenance, in Abu Zahrah's view, is not independently explored because the burden of maintenance is always related not only to children, grandchildren, and so on ('awlad) or vice versa but also relates to hawash which has a relationship with muharramiyah and mawarith kinship which can be operated in various ways.]]>
<![CDATA[Kejahatan Narkoba: Penanggulangan, Pencegahan dan Penerapan Hukuman Mati ]]>
<![CDATA[Dewi Iriani]]>
<![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.v12i2.331
<![CDATA[Basically, drug crime is a form of extra ordinary crime. Of course, it needs joint steps in combating it. All parties should continue to be aware of drug trafficking. The war on drugs must involve all components of the nation because drugs are an extra ordinary crime. Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain, and can cause dependence, which is divided into groups as attached in Law Number 35 of 2009 concerning Narcotics. ]]>
<![CDATA[Kajian Hukum Progresif Terhadap Pasal 2 UU No 1 Tahun 1974 Tentang Perkawinan ]]>
<![CDATA[Martha Eri Safira]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.335
<![CDATA[A marriage, refers to legal law of marriage article 2, is legitimate if the doers marry under their religious law. A legal marriage refers both to doers’ religious procedures and to society perspective. Nevertheless, the most important thing is that government trough its officers should legalize the marriage for legal reason. An illegal marriage and divorce will drive to problematic level. It is probably legal for society but illegal to marriage officers as ”˜pencatat nikah’ who base their legality to legal law of marriage. The former, consequently, takes ”˜negative domino effect’ not only for a wife but also for her kids legally and socially. This short paper is to elaborate legal law of marriage by using both progressive law, shari>’ah law and law educational system. Do progressive law and the others afford and give solution to protect women and their kids legally and socially?]]>
<![CDATA[Akta Notaris Sebagai Alat Bukti Tertulis Yang Mempunyai Kekuatan Pembuktian Yang Sempurna ]]>
<![CDATA[Rif'ah Roihanah]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.336
<![CDATA[In Indonesia, the setting of the Institute of Notary regulated in Law No. 30 of 2004 Undang-undang Jabatan Notaris (UUJN). Based UUJN can be explained that the notary is a public official authorized to make the deed which the deed is a deed that is authentic. An authentic act can be divided further into deed made by the officials and the deed made by the parties. To be classified as a deed of a letter must have the signature as required in article 1869 Civil Code. So the function signature is none other than to characterize or to mengindividualisir a certificate can be viewed as the identification of signatures affixed to the deed. In order to act as evidence has the force of proof writing is perfect, then the deed must qualify the authenticity of which is determined by law, one of which must be made by or before the authorities. In the event must be made by the competent authority or before the notary profession is a very important role in fulfilling the terms of the authenticity of a letter or certificate that has the perfect strength of evidence (Article 1 UUJN). Perfect proof of the power contained in an authentic act is a blend of some of the strength of evidence and the requirements contained him. The absence of any proof or strength of these requirements will result in an authentic deed has no evidentiary value of the power of the perfect (volledig) and binding (bindende) so that the deed will lose their authenticity and no longer an authentic deed. In an authentic deed must satisfy (i) the strength of proof of birth, (ii) Strength Formal Verification and (iii) The power of the Material Evidence. Then apart from the strength of evidence is based UUJN that a notary has the authenticity requirement, then at the deed must be (i) The penghadap who are qualified (minimum of 18 years or have been married and legally competent) facing the Notary in the working area notary public is concerned, (ii) The penghadap must be known to the notary or introduced to it by 2 (two) witnesses identification of at least 18 years old or have been married and legally competent or introduced by 2 (two) other penghadap; (iii ) The penghadap express intention; (iv) the purpose of the Notary mengkonstatir penghadap in a deed, and (v) the notary read the wording in the deed to the penghadap and was attended by 2 (two) witnesses who meet the requirements, and (vi) Immediately after the deed was read the penghadap, witnesses and the notary then affix his signature, which means justify what is contained in the deed, and the signing must be done at that time.]]>
<![CDATA[Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Simpan-Pinjam Yang Dilaksanakan oleh BMT Surya Mandiri ]]>
<![CDATA[Ridho Rokamah]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.337
<![CDATA[Legal relation between debtor and creditor is a part of ”˜civil law’ case (hukum perdata.) It is a contract refers to a particular case. Each sides of doers can freely manage contents of contract based on ”˜civil legal law’ (KUH Perdata) article 1338 which states “Semua perjanjian yang dibuat secara sah berlaku sebagai undang-undang bagi mereka yang membuatnya.” Contract content standard of BMT Surya Mandiri, substantially, suffers a financial loss for two sides. Contract standard especially muz}a>rabah should be revised not only at payment system but also at ”˜payment duration’ and ”˜wanprestasi’ to strengthen legal justice for both sides. This paper is to analyze this particular contract using legal jurisprudence and ”˜civil legal law’ (KUH Perdata) for harmonize the two sides of doers. ]]>
<![CDATA[Rasionalitas Konversi Bank Konvensional ke Bank Syariah ]]>
<![CDATA[Aji Damanuri]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.338
<![CDATA[Shari’ah banking, for the last ten years, has increased in prosperity not only at the quantity of conventional banks but also at the count of assets and customers. This economical opportunity drives amount of conventional banks both to convert their institutions to be shari’ah banks and to open officially shari’ah platform units with their own assets. This system takes a significant question, is the conversion effected by both banker ideological factor and capitalists or pure economical rational calculation? Is a religious consideration linked to economical rationality? This paper is to elaborate the conversion using not only ”˜choice theory’ but also ”˜rational action’to seek religious action possibility in a reasonable way of shari’ah banking.]]>
<![CDATA[Aborsi dan Hak Atas Pelayanan Kesehatan: Sebuah Tinjauan Teologis, Yuridis, dan Medis ]]>
<![CDATA[Aliba'ul Chusna]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.339
<![CDATA[Abortion, at this contemporary era, is fiercely controversial issue for amount of people. Nevertheless, It is a health problem of so many society cause not only diseases but also mother’s death. Abortion is also supposed to be one of several factors for rising mother’s death in Indonesia. It happens because of cases; it can be medical or non-medical motive. Abortion which is medical motive is permitted for prerequisites. Otherwise Abortion which is non-medical motive such as sex harassment pregnancy is not permitted by both Islamic jurisprudence and legal law. But in fact, amount of abortion cases are due to non-medical motives. This paper tries to explore and describe abortion and its connection to health service rights. ]]>
<![CDATA[Nikah Mut’ah Sebagai Alternatif Hukum Perkawinan Islam: Telaah Terhadap Pemikiran Sudirman Tebba ]]>
<![CDATA[Khusniati Rofi'ah]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.340
<![CDATA[Islamic law as a social ”˜institution’ is substantively to control society and to response amount of problems which human does. Mujtahids as Islamic creative thinkers should have standard competence to reformulate and to anticipate problems appear at their community. Sudirman Tebba, who often studies many problems such as zina (”˜illegal sexual relations), is one of Islamic law creative tinkers in Indonesia. According to him, illegal sexual relations do not impact of liberal culture merely. It can be effect of both bureaucracy system and legal law officers. Tebba recommends nikah mut’ah as a solution to this problem. Nikah mut’ah, which muslim community does at early Islam, is a procedur to legalize nikah. Theoretically, nikah mut’ah is contrary to functional structural as Talcot Person theorizes. Person states that family structure, individually, has a function and position. There is a limitation of time for Nikah mut’ah. So a husband will not be at his functional position. Tebba statement, will probably ease people to legalize their marriage, but it at the other hand will affect bigger negative problems. It is a contra productive to Islamic law, which takes care of and protects humanities. This short article is to show how functional structural theory sees nikah mut’ah as Islamic law works, and what does it implication to society in Indonesia. ]]>
<![CDATA[Analisis Pengaruh Iklan, Brand Trust dan Brand Image Terhadap Minat Beli Konsumen Samsung Galaxy di Ponorogo ]]>
<![CDATA[Ika Susilawati]]>
<![CDATA[ Justicia Islamica Vol 9 No 1 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i1.341
<![CDATA[This research background that the current phenomenon android-based phones in Indonesia in controlled by Samsung, whereas before 2010 the master phones in Indonesia is another vendor. Therefore, the purpose of this study was to determine the factors that influence consumers to buy Samsung galaxy in Ponorogo. This research is descriptive quantitative, using three hypotheses. Analysis of the hypothesis in this study uses a linear regression analysis and t-test with SPSS tools. There are two variables in this study; the dependent variable is interest to buy, and the independent variables, namely advertising, brand image and brand trust, which indicated that three independent variables affect the dependent variable. Third in the proposed hypothesis is H1: Variable advertising influence buying interest, H2: Brand Trust variables affect buying interest, H3: Brand Image variables affect buying interest. The result is all the t-test that produced t-table. T-chart in this study was 0.05. Produce t-test H1 and H2 yield 0.000 t-tests 0.001 while the H3 produce 0.004 t-tests. So from all these results the hypothesis is accepted. So in the hope that this study will contribute to the company that buying interest is influenced by various factors, including advertising, brand trust and brand image, so the company will further improve the service and quality of product.]]>
<![CDATA[Model Manajemen Fundraising Wakaf Pada Yayasan Dana Sosial Al Falah (YDSF) Surabaya ]]>
<![CDATA[Miftahul Huda]]>
<![CDATA[ Justicia Islamica Vol 9 No 2 (2012) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v9i2.344
<![CDATA[Nazir autonomous and continuity is always needed to share out properties donated for religious or community use (wakaf product) continuously. This assumption actually needs wakaf’s properties and fund sources to increase fundraising model of wakaf. This article is to investigate fundraising model of wakaf trough conventional resources, assets productivity, and ”˜in-link’ of wakaf at YDSF Surabaya. The writer uses qualitative descriptive approach to seek the field data from a single case. Findings show that “Yayasan Dana Sosial al-Falah” (YDSF) Surabaya applies not only fundraising management of wakaf to improve resource fundraising model for collecting conventional resources but also grant fundraising to enrich wakaf distribution program. YDSF does not empower asset fundraising model yet, so it is at direct management cluster category. ]]>
