Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
INKLUSIF: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum is a double-blind peer-reviewed journal that publishes scholarly research in Islamic law and legal science through interdisciplinary, contextual, and contemporary approaches. The journal provides an academic forum for the development of legal thought, legal reform, and practical legal analysis within Indonesian Muslim society and global contexts. The journal bridges classical and contemporary legal studies by welcoming normative, doctrinal, empirical, comparative, and socio-legal research. Its focus encompasses Islamic law, national legal systems, and contemporary legal issues arising from social, political, economic, technological, and environmental developments. The scope of the journal includes, but is not limited to: Islamic Law and Its Contemporary Application Studies on Islamic criminal law, civil law, family law, economic law, Islamic constitutional thought, fatwas, religious courts, legal pluralism, and the application of Islamic law in Indonesia and other Muslim societies. Criminal Law and Criminal Justice Reform Research on criminal policy, law enforcement, corruption, restorative justice, victim protection, sentencing, penal reform, cybercrime, and contemporary challenges in criminal justice. Civil, Economic, and Business Law Studies on contracts, property, commercial transactions, consumer protection, Islamic finance, halal industry, waqf, zakat governance, MSMEs, corporate responsibility, and economic legal development. Constitutional, Administrative, International, and Human Rights Law Research on constitutionalism, governance, public administration, judicial review, state institutions, international legal norms, human rights, and the relationship between national and global legal orders. Medical, Environmental, Customary, and Contemporary Legal Issues Studies on health law, bioethics, patient rights, environmental justice, climate-related legal issues, customary law, indigenous rights, technology and law, artificial intelligence, data protection, legal ethics, and access to justice. Through interdisciplinary and practice-oriented research, INKLUSIF seeks to strengthen Islamic legal scholarship and legal science by promoting justice, inclusivity, legal certainty, public welfare, and sustainable governance.
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<![CDATA[A Comparison of Domestic Violence Settlement from the Perspective of Islamic Law and Positive Law in Indonesia ]]>
<![CDATA[Yani Andriyani]]>;
<![CDATA[Hamzah Fansuri]]>;
<![CDATA[Hamzah Fansuri]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20032
<![CDATA[The numerous cases of household violence in Indonesia suggest that the state still has significant work to do in addressing it. Despite having its claim laws, it appears that their execution still has deficiencies. The purpose of this paper is to examine how Islamic Law and Positive Law in Indonesia compare to Domestic Violence. A qualitative method with a normative approach is employed in this research. The research results show that the sanctions prescribed in Islamic law are based on the application of takzir, qishash, and diat. Meanwhile, positive law provides criminal sanctions and fines. The primary objective in criminal acts of physical violence within the family is to deter or punish the perpetrator so that peace and the progression of community life are maintained. The state plays a role in enforcing amar ma'ruf nahi munkar, including in household matters. The state is obliged to provide protection, services, and recovery for victims.]]>
<![CDATA[Juridical Disparity in Interfaith Inheritance Law: A Comparative Study Between Islamic Law and Positive Law in Indonesia ]]>
<![CDATA[Pratama Herry Herlambang]]>;
<![CDATA[Fenny Wulandari]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20071
<![CDATA[The plurality of religions in Indonesia presents significant challenges to the multidimensional implementation of the existing inheritance law. A particularly complex issue arises when heirs hold differing religious beliefs, which may occur due to interfaith marriages among their parents or individual conversions by the heirs themselves. This divergence in faith introduces a dualism of norms, as it contrasts the exclusive normative provisions of Islamic law with the inclusive approach espoused by Indonesian positive law, which seeks to promote substantive justice. This current research aims to investigate juridical disparities within interfaith inheritance law through a normative and comparative juridical approach. The findings suggest that the absence of an integrated legal framework leads to legal uncertainty, creating interpretative gaps that adversely affect individual civil rights. Consequently, this research advocates for the reformulation of national inheritance law arrangements and policies, emphasizing a foundation of sustainable and equitable legal pluralism.]]>
<![CDATA[Juridical Disparity in Interfaith Inheritance Law: A Comparative Study Between Islamic Law and Positive Law in Indonesia ]]>
<![CDATA[Pratama Herry Herlambang]]>;
<![CDATA[Fenny Wulandari]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20071
<![CDATA[The plurality of religions in Indonesia presents significant challenges to the multidimensional implementation of the existing inheritance law. A particularly complex issue arises when heirs hold differing religious beliefs, which may occur due to interfaith marriages among their parents or individual conversions by the heirs themselves. This divergence in faith introduces a dualism of norms, as it contrasts the exclusive normative provisions of Islamic law with the inclusive approach espoused by Indonesian positive law, which seeks to promote substantive justice. This current research aims to investigate juridical disparities within interfaith inheritance law through a normative and comparative juridical approach. The findings suggest that the absence of an integrated legal framework leads to legal uncertainty, creating interpretative gaps that adversely affect individual civil rights. Consequently, this research advocates for the reformulation of national inheritance law arrangements and policies, emphasizing a foundation of sustainable and equitable legal pluralism.]]>
<![CDATA[Effectiveness of Electronic Court System (E-Court) in Kuningan Religious Court Based on PERMA Number 7 of 2022 ]]>
<![CDATA[Anthon Fathanudien]]>;
<![CDATA[Asep Ridwan Firdaus]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20079
<![CDATA[The Kuningan Religious Court, as part of the national justice system, also implements E-Court based on applicable regulations, including PERMA Number 7 of 2022. This study aims to evaluate the impact of E-Court implementation on case resolution time and litigation costs at the Kuningan Religious Court. The research method used by the author is empirical juridical, where this research is descriptive and tends to use analysis and theory as a guideline so that the study focuses on facts in the field. The findings are to develop more measurable and specific effectiveness indicators that are relevant to the context of the Kuningan Religious Court and PERMA Number 7 of 2022. For example, not only measuring the general case resolution time but also measuring the impact of E-Court on specific stages regulated in the new PERMA. With the implementation of PERMA Number 7 of 2022, the Kuningan Religious Court has contributed to the realization of the principles of fast, simple, and low-cost justice. The conclusion obtained is that E-Court at the Kuningan Religious Court is systematically starting from online registration (E-Filling), online payment (E-Payment), online summons of parties (E-Summon), and electronic trials (E-Litigation) has been effective. There are several supporting and inhibiting factors in the Implementation of E-Court, namely in terms of supporting factors are Human Resources (HR) and Adequate Facilities and Facilities, Reducing Litigation Costs and Good Internet Networks while inhibiting factors Constrained Calls and e-court System Network Error.]]>
<![CDATA[Effectiveness of Electronic Court System (E-Court) in Kuningan Religious Court Based on PERMA Number 7 of 2022 ]]>
<![CDATA[Anthon Fathanudien]]>;
<![CDATA[Asep Ridwan Firdaus]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20079
<![CDATA[The Kuningan Religious Court, as part of the national justice system, also implements E-Court based on applicable regulations, including PERMA Number 7 of 2022. This study aims to evaluate the impact of E-Court implementation on case resolution time and litigation costs at the Kuningan Religious Court. The research method used by the author is empirical juridical, where this research is descriptive and tends to use analysis and theory as a guideline so that the study focuses on facts in the field. The findings are to develop more measurable and specific effectiveness indicators that are relevant to the context of the Kuningan Religious Court and PERMA Number 7 of 2022. For example, not only measuring the general case resolution time but also measuring the impact of E-Court on specific stages regulated in the new PERMA. With the implementation of PERMA Number 7 of 2022, the Kuningan Religious Court has contributed to the realization of the principles of fast, simple, and low-cost justice. The conclusion obtained is that E-Court at the Kuningan Religious Court is systematically starting from online registration (E-Filling), online payment (E-Payment), online summons of parties (E-Summon), and electronic trials (E-Litigation) has been effective. There are several supporting and inhibiting factors in the Implementation of E-Court, namely in terms of supporting factors are Human Resources (HR) and Adequate Facilities and Facilities, Reducing Litigation Costs and Good Internet Networks while inhibiting factors Constrained Calls and e-court System Network Error.]]>
<![CDATA[The Concept of Childfree Perspective of Law Number 1 Year 1974 on Marriage and Compilation of Islamic Laws ]]>
<![CDATA[Vickry Maulanna Sudrajat]]>;
<![CDATA[Kosim Kosim]]>;
<![CDATA[Didi Sukardi]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20107
<![CDATA[Modernization in the current era has brought significant changes to various aspects of life, including the institution of Marriage. One emerging phenomenon is childfree, which refers to a couple's decision not to have children, either through natural birth or adoption. In Indonesian society, the presence of children is often seen as a blessing and a sign of trust in God. Still, the decision to live without children poses unique psychological and economic challenges for some individuals. This study aims to examine the principles of legal regulation related to the concept of childfree based on Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The study uses a qualitative method with a normative-descriptive approach, namely normative legal research that relies on literature studies and juridical analysis of legislation and relevant scientific works. Content analysis was used to interpret the data obtained. The results of the study indicate that although legislation emphasizes the importance of offspring in Marriage, there are no explicit provisions prohibiting couples from choosing to live without children. Legally, the child-free practice does not conflict with the marriage regulations in force in Indonesia. However, this decision remains a controversial issue in a society that strongly upholds family values.]]>
<![CDATA[The Concept of Childfree Perspective of Law Number 1 Year 1974 on Marriage and Compilation of Islamic Laws ]]>
<![CDATA[Vickry Maulanna Sudrajat]]>;
<![CDATA[Kosim Kosim]]>;
<![CDATA[Didi Sukardi]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20107
<![CDATA[Modernization in the current era has brought significant changes to various aspects of life, including the institution of Marriage. One emerging phenomenon is childfree, which refers to a couple's decision not to have children, either through natural birth or adoption. In Indonesian society, the presence of children is often seen as a blessing and a sign of trust in God. Still, the decision to live without children poses unique psychological and economic challenges for some individuals. This study aims to examine the principles of legal regulation related to the concept of childfree based on Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The study uses a qualitative method with a normative-descriptive approach, namely normative legal research that relies on literature studies and juridical analysis of legislation and relevant scientific works. Content analysis was used to interpret the data obtained. The results of the study indicate that although legislation emphasizes the importance of offspring in Marriage, there are no explicit provisions prohibiting couples from choosing to live without children. Legally, the child-free practice does not conflict with the marriage regulations in force in Indonesia. However, this decision remains a controversial issue in a society that strongly upholds family values.]]>
<![CDATA[Construction of the Legal Position of the Religious Affairs Office in Handling Early Marriage from the Perspective of Maqasid Usrah Jamaluddin 'Atiyyah ]]>
<![CDATA[Ibnu Aly Ismail]]>;
<![CDATA[Sugianto Sugianto]]>;
<![CDATA[Ahmad Rofii]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20142
<![CDATA[Early marriage is often motivated by economic, educational, and cultural factors. The Religious Affairs Office's efforts to prevent early marriage are less effective due to differences in perspectives between religion and the state. This study examines the legal position of the Religious Affairs Office in addressing early marriage in Sokaraja District and explores the views of maqashid al-usrah in preventing early marriage. Using a normative descriptive approach, the study found that early marriages in Sokaraja District were 29 cases in 2020, 23 cases in 2021, 40 cases in 2022, and 13 cases in 2023, representing a 67% decrease. The Sokaraja District Religious Affairs Office has socialized Law Number 16 of 2019 concerning marriage, which sets the ideal age limit for marriage at 19 years. This law considers legal psychological, biological, and other aspects. From a maqashid al-usrah perspective, the aim is to protect children's rights, maintain family structure, and support community welfare. The Office of Religious Affairs' efforts to prevent early marriage align with these goals. By socializing the marriage law and promoting awareness, the office contributes to achieving the objectives of maqashid al-usrah.]]>
<![CDATA[Construction of the Legal Position of the Religious Affairs Office in Handling Early Marriage from the Perspective of Maqasid Usrah Jamaluddin 'Atiyyah ]]>
<![CDATA[Ibnu Aly Ismail]]>;
<![CDATA[Sugianto Sugianto]]>;
<![CDATA[Ahmad Rofii]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i1.20142
<![CDATA[Early marriage is often motivated by economic, educational, and cultural factors. The Religious Affairs Office's efforts to prevent early marriage are less effective due to differences in perspectives between religion and the state. This study examines the legal position of the Religious Affairs Office in addressing early marriage in Sokaraja District and explores the views of maqashid al-usrah in preventing early marriage. Using a normative descriptive approach, the study found that early marriages in Sokaraja District were 29 cases in 2020, 23 cases in 2021, 40 cases in 2022, and 13 cases in 2023, representing a 67% decrease. The Sokaraja District Religious Affairs Office has socialized Law Number 16 of 2019 concerning marriage, which sets the ideal age limit for marriage at 19 years. This law considers legal psychological, biological, and other aspects. From a maqashid al-usrah perspective, the aim is to protect children's rights, maintain family structure, and support community welfare. The Office of Religious Affairs' efforts to prevent early marriage align with these goals. By socializing the marriage law and promoting awareness, the office contributes to achieving the objectives of maqashid al-usrah.]]>
<![CDATA[Environmental Law Enforcement Based on Law Number 32 Of 2009 and the Challenges of the Industrial Revolution 4.0 ]]>
<![CDATA[Yonnawati Yonnawati]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 1 (2025): June 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v1i10.20212
<![CDATA[Law functions to protect various human interests and is implemented in both peaceful conditions and when violations occur. The decline in environmental quality due to the exploitation of natural resources is often justified in the name of people's welfare. This condition raises demands for effective environmental law enforcement amid the challenges of the Industrial Revolution 4.0. This research aims to analyze the impact of pollution and weak law enforcement, as well as examine the role of technology in improving legal effectiveness and formulating adaptive regulatory strategies in the digital era. This research employs a qualitative-descriptive approach, utilizing a library research method and inductive-deductive analysis, informed by various literature sources. The effectiveness of environmental law depends on fundamental principles, the application of technology, and collaborative law enforcement. Digital technology and industrial automation can strengthen the monitoring and transparency of ecological law if developed with an inclusive and fair approach. Law No. 32/2009 remains relevant, but requires adaptive policies. Keywords: Environmental Law, Industry 4.0, Revolution]]>
