cover
Contact Name
Lukman Santoso
Contact Email
justicia@uinponorogo.ac.id
Phone
+6285643210185
Journal Mail Official
justicia@uinponorogo.ac.id
Editorial Address
Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
Location
Kab. ponorogo,
Jawa timur
INDONESIA
Jurnal Kajian Hukum dan Sosial
ISSN : 16935926     EISSN : 25027646     DOI : 10.21154/justicia
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
Khaled Abou El-Fadl dan Orientasi Humanistik Dalam Studi Fiqh Abid Rohmanu
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.531

Abstract

This paper intends to study towards a humanistic orientation of fiqh study. The study of fiqh based humanistic orientation aims to study fiqh with more emphatic on values and morality rather than legal-formal aspects. on the other side, this study will be the counter-part of the theocentric orientation of fiqh study. The theocentric orientation is shown to lose its elan vital, because it is more preoccupied with the issues of authenticity rather than social problems. This paper is attributed to Abou El Fadl, most noted for his scholarly approach to fiqh from moral point of view.
Kontribusi Imam al-Nawawi Dalam Pengembangan Madhhab Shafi'i Luthfi Hadi Aminuddin
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.532

Abstract

In the history of Shafi'i’s madhhab, the figure of Imam al-Nawa wi has a very significant role. The results of his  ijtihad  is always used as a Shafi`iyah scholar reference, even when the scholars differed in opinions, then his idea regarded as "the end" of that difference dispute. This paper, intended to explore why the figure of al-Nawa wi have such a privileged position in the madhhab Sha fi'i. Through the historical approach, the author have found the answer to that. First, al-Nawa wi is seen as a unifier  Shafi'i’s madhhab. In his hands, two school of Shafi’i madhhab, Khurasan and Iraq can be reconciled. Second, Al-Nawa wi have managed to put the principles tarjih, to select the strongest opinion from a variety of opinion among al-Sha fi'i’s madhhab. Therefore, al-Nawawi is known as the al-mujtahid al-murajjih or mujtahid al-tarjih, the mujtahid who are not just memorize the ijtihad of Imam al-Shafi’i, but know the sources of Imam al-Shafi’i’s opinion, able to describe and explain his opinion, make an analogy (qiyas) related to his opinion in problem solving, even select a strong opinion among opinions that exist.
Pergerseran Hukum Islam dari Reduksionis ke Sintesis: Telaah Pemikiran Ziauddin Sardar Khusniati Rofi'ah
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.533

Abstract

Should be rocognized that the Islamic world faced with stagnation or failure to comply with the role of ijtihad. This era of stagnation began after a period of codification (asr al-tadwin) as the emergence of a dogmatic assumption that the achievements of the classical scholars (mujtahid) has been final, so no longer need a renewal of thought. So there was a shift in mindset, from ijtihadi pattern to taqlidi pattern. According to Ziauddin Sardar, There are several reasons that cause the failure of muslims to answer the call of ijtihad. One of them is that the majority of muslims place sharia/Islamic law on the position of the holy (sacred shariah), and they reduce the meaning of shari'a itself and other Islamic concepts.
Birokrasi Pemerintahan Dalam Perspektif Ekonomi Islam Agung Eko Purwana
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.534

Abstract

In economic activities, the government has a very important role in allocating and distributing economic resources for the greatest prosperity of its people. In addition, the government also has a role as a tool for economic stabilization. But, these roles of government is not functionless properly. One of the reasons is the corrupt practices of bureaucracy.The scholars do a lot of studies about how to make the bureaucracy work unimpeded by corrupt practices. The same study is done by Muslim scholars and economists. They offer new alternatives based on Islamic law and Shari’ah. Shari’ah demanded to its adherents to act professionally in the process displaying neatness, correctness, order, and regularity. From this point of view, the paper would examine how Islamic economic perspective has a study on the duties of a government, especially in carrying out its functions, namely: allocation, distribution, and stabilization.
Perlindungan Hak Konsumen Dalam Transaksi Elektronik (E-Commerce) Rif’ah Roihanah
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.535

Abstract

The development of Internet-based technology is one factor that has a very significant influence in the field of trade, which is known as electronic commerce or the more popular as e-commerce. Through e-commerce, a seller / business does not have to meet directly with buyers or consumers as occurs in conventional business / traditional, but will only be done via the internet / happening in cyberspace. The positive side is obtained through e-commerce transactions, both for consumers and for business is good especially in terms of practicality in terms of time, cost and effort. While the downside for consumers is concerned with the rights that there is no clear information about the goods and / or services offered, the status of the business, bertrnsaksi security and privacy, the imposition of risk that is not balanced because the general sale on the internet, the payment has been settled made in advance by the consumer. With the birth of the Law no. 11 Year 2008 on Information and Electronic Transaction, then the protection of consumers in the trade through e-commerce can be divided into four, namely: 1) supervision of the business includes the identity and official license owned, 2) protection against identity / consumer data, 3 ) are clear and correct information about your products  and / or services  offered,  and   4) a complete   and  clear I nformation about the transactions and matters relating to the transaction.  
Konfigurasi Infak Sedekah, Zakat, dan Wakaf Untuk Kemandirian Umat: Sebuah Model Integratif Membangun Filantropi Islam di Era Indonesia Kontemporer Miftahul Huda
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.536

Abstract

This paper attempts to study the phenomenon of the typical of Indonesian Islamic philanthropy. The paper focused on efforts to develop the control or governance of Islamic philantropy professionally in Indonesian context and its response to modern reality. In this issue, this paper explores the experiences and the efforts of Modern Islamic Philanthropic Institutions, named “Yayasan Dana Sosial Al-Falah” (YDSF) Surabaya in developing various Islamic philanthropic institutions for the self-reliance and the empowerment of social community. The efforts of YDSF Surabaya is to do the integrative model for institutions such as infaq, sadaqah, zakat, waqf,  so that gave birth to Islamic philanthropy configuration that is able to further strengthen the community self-reliance in contemporary Indonesia. Integrative mechanism model between the three instruments of Islamic philanthropy both infaq, sadaqah, zakat, waqf in building and developing social funds can be done with compact design of social funds delivery, the management program of social funds asset, the program of social fund-raising,  and mix design involving the three previous designs applicably.
Limitasi UU Partai Politik Dalam Mendorong Partisipasi Politik Perempuan di Indonesia: Kajian Hukum dan Perubahan Sosial Layyin Mahfiana
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.537

Abstract

This paper tries to study two main things, first: whether women's involvement in the political sector is the real participation of women or just another form of politicization of women, second: whether state policies toward women affect society paradigm in looking at women. Two questions are based on the fact that  the involvement of women in political leadership is still weak and public perception about women is still dominated by patriarchal culture that resulted in the subordination of women in the political sector.
PROBLEMATIKA DAN SOLUSI PEMENUHAN PERLINDUNGAN HAK ANAK SEBAGAI TERSANGKA TINDAK PIDANA DI SATLANTAS POLRESTATA PARIAMAN Laurensius Arliman S
Justicia Islamica Vol 13 No 2 (2016)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v13i2.543

Abstract

Children as the nation's next generation is obliged to be protected. Kids in his life will not be separated from violence every day, it can be seen on the television news, news in print or electronic. It's very sad child protection are not met, because it is the same as destroying Indonesia in the future. Child protection can not be separated from the children as victims, children as witnesses, or bahakan child as a criminal suspect. This paper uses empirical juridical methods. This paper discusses how the fulfillment of children as perpetrators of the traffic in the Traffic Police of Padang Pariaman. There are problems that occur both from internal factors or external factors, but in this study presented also the solution of the existing problems. The conclusion of this paper expects that the future of child protection is more responsive, and all parties are willing to assist in the enforcement of child protection.
Peran Strategis Bank Syariah dalam Mengupayakan Solusi bersama Permasalahan Akuntansi pada Usaha Mikro, Kecil, dan Menengah (UMKM) Pujo Hariyanto
Justicia Islamica Vol 14 No 1 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i1.584

Abstract

Islam as a system of life for all mankind emphasizes the importance of justice in all aspects of life. Including in the economic aspect, Islam emphasizes the importance of upholding justice and eliminating injustice in every economic transaction. Therefore, Islam provides guidance on various provisions that need to be avoided so that economic transactions do not fall into injustice, including usury, maysir, gharar and unjust transactions. Instead, Islam replaces them with various forms of contracts that embody justice and brotherhood. In the context of the modern economy, economic institutions operating in Muslim societies should also always strive to realize these sharia-compliant contracts.
Revitalisasi Pancasila dalam Penegakan Hukum yang Berkeadilan di Indonesia Farida Sekti Pahlevi
Justicia Islamica Vol 13 No 2 (2016)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v13i2.585

Abstract

Pancasila has become an agreement of the Indonesian people as the state foundation of the Unitary State of the Republic of Indonesia, but in its implementation efforts experienced various obstacles both internal and external. Pancasila as the nation's worldview needs to be implemented in real life, this has been exemplified by the founding fathers through hard work and struggle resulting in Indonesia's independence. Concern about the condition of the law that is in favor so far from the element of justice makes the mind interested in discussing whether the values taught by Pancasila are still heeded or ignored. Pancasila, which is the ideology of the nation as a way of life and a foundation in the activities of society, nation and state, seems to be only used as memorization without application, including in the legal field. The quality of the state which is the benchmark for safeguarding the nation's ideology is highly anticipated to control the implementation of a just law based on the noble values of Pancasila. Thus it will realize the situation and conditions that are coveted and expected by all Indonesian people in all aspects, especially legal aspects. Pancasila as the basis of the State then serves as a source of law that applies in Indonesia. All laws and regulations must be an elaboration of the principles contained in Pancasila. All laws and regulations that are not in accordance with Pancasila are null and void. Therefore, to be able to understand the accuracy of a legislation, it is necessary to understand the concepts, principles and values contained in Pancasila. Pancasila as the basis of the state is implemented into legal norms that are compelling, binding and contain sanctions. Anyone who does not implement or comply with it will be dealt with in accordance with applicable law. Therefore, it is necessary to organize law enforcement against all laws which are the elaboration of the Pancasila State foundation.

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