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.
Articles
166 Documents
<![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]]>
<![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]]>
<![CDATA[The Implementation of Disability Rights Fulfillment in the General Election in Kuningan Regency Based on Law No. 7 of 2017 on General Elections ]]>
<![CDATA[Erga Yuhandra]]>;
<![CDATA[Iman Jalaludin Rifa'i]]>;
<![CDATA[Suwari Akhmadhhian]]>;
<![CDATA[Nabila Tri Nurcahyati]]>;
<![CDATA[Nabila Tri Nurcahyati]]>
<![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.v10i1.20233
<![CDATA[This article examines the implementation of political rights for persons with disabilities during the General Election in Kuningan Regency, as outlined in Law Number 7 of 2017 on General Elections and Law Number 8 of 2016 on Persons with Disabilities. The research focuses on issues of accessibility and the effectiveness of electoral outreach. Using a normative legal method with a qualitative approach, this study examines legal frameworks, policy documents, and conducts interviews with relevant stakeholders. The findings reveal a significant gap between legal provisions and field implementation. Many polling stations remain physically inaccessible, and outreach programs often fail to consider the diversity of disability types. These barriers limit the participation of persons with disabilities in democratic processes. The study concludes that without accessible infrastructure and inclusive political communication, the right to vote and be elected cannot be fully realized for this marginalized group. It recommends stronger affirmative policies and collaboration between the General Election Commission, local authorities, and disability organizations topromote inclusive, non-discriminatory elections in line with human rights principles.]]>
<![CDATA[Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice ]]>
<![CDATA[Lina Nur Anisa]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22023
<![CDATA[This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.]]>
<![CDATA[Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice ]]>
<![CDATA[Lina Nur Anisa]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22023
<![CDATA[This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.]]>
<![CDATA[Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison ]]>
<![CDATA[Sarip Hidayat]]>;
<![CDATA[Suwari Akhmaddhian]]>;
<![CDATA[Andri Hendriawan]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22272
<![CDATA[his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.]]>
<![CDATA[Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison ]]>
<![CDATA[Sarip Hidayat]]>;
<![CDATA[Suwari Akhmaddhian]]>;
<![CDATA[Andri Hendriawan]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22272
<![CDATA[his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.]]>
