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JICL
Published by Universitas Darussalam Gontor
ISSN : 26213311     EISSN : 2621329x     DOI : https://doi.org/10.21111/jicl
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Journal of Indonesian Comparative of Syariah Law JICL specializes in the study of legal comparison or legal thought which contains scientific works related to thoughts in the field of positif law, customary law, and Islamic law.
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Articles 31 Documents
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Konsep Ketaatan Kepada Pemimpin Dalam Kebijakan Fiskal: Analisis Kenaikan Ppn 12% Menurut Pemikiran Aḥmad Al-Raisūnī : The Concept of Obedience to Leaders in Fiscal Policy: Analysis of the 12% VAT Increase According to the Thoughts of Aḥmad Al-Raisūnī Gebrina Rizka; Muhammad Maulana; Muhammad Husnul
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.4

Abstract

The government’s policy to raise the Value Added Tax (VAT) rate to 12%, as stipulated in Law No. 7 of 2021 on the Harmonization of Tax Regulations, has sparked public debate over its implications for economic justice and social welfare. This study aims to analyze the VAT increase through the lens of maqāṣid al-sharīʿah as conceptualized by Aḥmad al-Raisūnī, who emphasizes that public policy must be grounded in the principles of justice (al-ʿadālah), public welfare (al-maṣlaḥah al-ʿāmmah), and social responsibility. Using a descriptive-qualitative method and a normative approach through literature review, this research finds that fiscal policy is considered maqāṣidically legitimate only when it balances state revenue objectives with the protection of economically vulnerable groups. According to al-Raisūnī, citizens’ obedience to fiscal authority is conditional (ṭāʿah maqāṣidiyyah), valid only when governmental actions align with justice and the public good. Therefore, the legitimacy of the 12% VAT increase depends on its transparency, fairness, and tangible contribution to public welfare, ensuring that fiscal policy not only strengthens state finances but also upholds social equity and the moral purpose of governance envisioned in the maqāṣid al-sharīʿah framework.
Kepastian Hukum bagi Warga Negara melalui Peran Pejabat Umum dalam Sistem Ketatanegaraan Indonesia : Legal Certainty for Citizens through the Role of Public Officials in the Indonesian Constitutional System Abdul Jafar; Yonani; Heni Marlina; Syamsul; Sarah
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.5

Abstract

This study aims to analyze the position of public officials within the Indonesian constitutional system and to examine the consistency of regulations governing their authority in ensuring legal certainty for citizens. This research employs a normative juridical approach using statutory, conceptual, and limited case approaches. The primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 30 of 2004 on the Office of Notary, and Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. The findings indicate that constitutionally, public officials function as state instruments exercising public authority to ensure legal certainty. However, the regulation of public officials’ authority across various sectoral laws remains fragmented and potentially creates legal uncertainty. Therefore, regulatory harmonization and strengthened oversight mechanisms are essential to ensure that public officials effectively protect citizens’ constitutional rights within Indonesia’s rule of law framework.
Implementasi Sapta Pesona dalam Perspektif Perbandingan Hukum: Telaah Normatif atas Kebijakan Pariwisata Indonesia dan Standar Hak Asasi Manusia: Implementation of Sapta Pesona in Comparative Law Perspective: Normative Review of Indonesian Tourism Policy and Human Rights Standards Nowaf Syaefulloh; Muchammad Satrio Wibowo; Wafda Vivid Izziyana; Popova Sonia
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.6

Abstract

This study aims to analyze the implementation of Sapta Pesona at the Kalipasang Nature Tourism site in Mount Merbabu National Park and its relationship with tourism management policies and human rights principles. The focus of the study is on the extent to which the elements of safety, order, cleanliness, coolness, beauty, friendliness, and memorable experiences are actually applied in the management of conservation-based tourist destinations. The research method used is descriptive qualitative with data collection techniques through field observations, interviews with managers and tourists, documentation, and literature studies. The results show that the implementation of Sapta Pesona at Kalipasang Nature Tourism has been going quite well. The element of safety is realized through routine patrols, the provision of insurance, and warning signs, although the trekking trails still need improvement. Order and cleanliness are supported by a digital ticketing system, parking management, the provision of sanitation facilities, and cooperation with BUMDes. The cool and beautiful environment, friendly service, and positive tourist experience contribute to the sustainability of the destination. Overall, the implementation of Sapta Pesona reflects the synergy between tourism policy and the fulfillment of visitors' basic rights, particularly the right to safety, comfort, and a decent living environment. However, improvements in the quality of facilities and strengthening of safety aspects are still needed so that tourism management can be sustainable and oriented towards respect for human dignity.
Analisis Kepastian Hukum Bagi Perusahaan Distributor Terhadap Izin Edar Alat Kesehatan: Legal Certainty Analysis for Distributors Regarding Marketing Authorisation for Medical Devices Endriyan Habilillah; Tahegga Primananda Alfath
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.7

Abstract

This study aims to analyze the legal regulations governing the distribution of medical products within the framework of the Job Creation Law, as well as to examine the forms of legal protection and legal certainty for distribution companies whose distribution permit applications have been rejected. This study uses a normative legal method with a legislative and conceptual approach, focusing on the analysis of legislation in the fields of health, public administration, and risk-based business licensing. The results of the study show that although the Job Creation Law encourages the simplification of licensing procedures through the OSS-RBA system, in practice there are still problems in the form of inconsistencies in the application of authority between the central and local governments, overlapping technical regulations, and a lack of transparency regarding the reasons for rejecting distribution licenses. This situation has an impact on weak legal certainty and has the potential to harm business actors. Therefore, it is necessary to strengthen legal protection mechanisms through administrative and legal measures in administrative courts to ensure the principles of legal certainty, justice, and accountability in the medical device licensing system in Indonesia.
Legalitas Kebijakan Afirmasi Pendidikan bagi Peserta Didik dari Daerah 3T di Indonesia : The Legality of Affirmative Action Policies in Education for Students from 3T Regions in Indonesia Keysha Audina; Chisa Belinda Harahap
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.9

Abstract

This study aims to analyze the legality of affirmative education policies for Indonesia’s disadvantaged, frontier, and outermost (3T) regions by examining the gap between legal norms and their implementation in society. Normatively, the research emphasizes that affirmative action constitutes a constitutionally legitimate instrument intended to achieve substantive equality and ensure fair and equitable access to education, particularly for marginalized communities. This study employs an empirical legal research method supported by secondary data analysis, including statutory regulations, policy documents, performance reports, and relevant scholarly works. The data are elaborated descriptively and qualitatively using Roscoe Pound’s concept of law as a tool of social engineering, integrated with Lawrence M. Friedman’s legal system theory. The findings indicate that, from a normative perspective, affirmative education policies possess a strong legal foundation; however, their implementation requires further evaluation due to various structural obstacles, such as limited inter-agency coordination, delays in scholarship disbursement, and a weak supporting legal culture. The results reveal a gap between law in books and law in action. The study concludes that the effectiveness of affirmative education policies in 3T regions requires the simultaneous strengthening of legal substance, legal structure, and legal culture to ensure sustainable and impactful improvements in equitable access to and quality of education
Hak Berpolitik Non-Muslim dalam Negara Modern: Analisis Pemikiran Abdullahi Ahmed An-Na’im Perspektif Siyāsah Syar’iyyah: The Political Rights of Non-Muslims in the Modern State: An Analysis of the Thought of Abdullahi Ahmed An-Na’im from the Perspective of Siyāsah Syar’iyyah Rauzatul Nafisi; Jamhir; Shabarullah
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.10

Abstract

This article examines the political rights of non-Muslim citizens in the context of the modern state by analyzing the thought of Abdullahi Ahmed An-Na‘im from the perspective of siyāsah shar‘iyyah. This issue is significant because classical Islamic jurisprudence generally framed the political status of non-Muslims within the limited category of ahl al-dhimmah, whereas the modern nation-state is founded upon the principle of equal citizenship. An-Na‘im proposes an alternative paradigm of a secular state that is not hostile to religion but instead guarantees freedom of religion and equal political rights for all citizens. Employing a qualitative library-based method with a normative–philosophical approach, this study explores An-Na‘im’s conception of non-Muslim political rights and assesses its compatibility with the framework of maqāṣid al-sharī‘ah. The main scholarly contribution of this study lies in its reconstruction of An-Na‘im’s thought within the framework of siyāsah shar‘iyyah, thereby extending contemporary discussions in Islamic political jurisprudence on the legitimacy of political equality for non-Muslims. The findings indicate that An-Na‘im’s ideas are substantively consistent with the core values of siyāsah shar‘iyyah, particularly the principles of justice (al-‘adl) and public interest (al-maṣlaḥah), despite their formal divergence from classical juristic formulations. The recognition of non-Muslim political rights can thus be understood as an actualization of the objectives of Islamic law, especially the protection of religion, life, intellect, property, and human dignity. Nevertheless, the implementation of An-Na‘im’s framework in Muslim-majority states raises conceptual and sociopolitical challenges, particularly regarding normative resistance to secularism and the reinterpretation of Islamic legal authority. Accordingly, An-Na‘im’s thought should be viewed as a critical ethical–conceptual framework rather than a directly applicable normative model without contextual adaptation.
Penundaan Pemilihan Keuchik Langsung Dalam Surat Edaran Sekretaris Daerah Aceh No 400. 10/4007 Tahun 2025 Dalam Perspektif Siyasah Dusturiyah : Postponement of Direct Keuchik Elections in the Circular Letter of the Aceh Regional Secretary No. 400.10/4007 of 2025 From the Perspective of Siyasah Dusturiyah Nauval Nauval; Sitti Mawar; T. Surya Reza
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.12

Abstract

This research addresses the legal standing of the Aceh Regional Secretary Circular Letter Number 400.10/4007 of 2025 as the basis for postponing the Direct Village Head Election (Pilchiksung) and its implications for the legitimacy of governmental authority and the protection of the political rights of gampong communities, while also examining its conformity with the principles of justice, trustworthiness, and public welfare within Islamic constitutional law. This normative legal study employs statutory, conceptual, and comparative approaches through an analysis of laws and regulations, state administrative law doctrines, and fiqh siyāsah literature to analyze, first, the legal implications of postponing Pilchiksung in Aceh through the aforementioned circular letter and, second, to assess the policy from the perspective of siyāsah dustūriyyah. The findings show that a circular letter is not part of the hierarchy of legislation with general binding force; therefore, postponing Pilchiksung based on such an instrument constitutes a defect of authority (bevoegdheidsgebrek), contradicts the principles of legality and legal certainty, and potentially violates the democratic political rights of gampong communities. From the perspective of siyāsah dustūriyyah, the postponement policy is inconsistent with the principles of al-‘adālah (justice), al-amānah (trustworthiness), and al-maṣlaḥah al-‘āmmah (public interest), as it delays the people’s rights without a valid legal basis and clear considerations of public welfare. Consequently, this study concludes that postponing Pilchiksung through a circular letter lacks both legal and moral legitimacy and therefore must be corrected through the establishment of a lawful, just, and democratically aligned legal instrument consistent with the values of Islamic constitutionalism.
Penegasan Peran Agama Dalam Kehidupan Berbangsa Di Indonesia : Reaffirming the Role of Religion in National Life in Indonesia naufal arisyah; Mutiara Fahmi; Delfi Suganda
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.13

Abstract

The administration of government in a modern rule-of-law state often encounters challenges when public policies are considered legally valid in a formal sense but raise concerns regarding substantive justice, public welfare, proportionality of authority, protection of fundamental rights, and leadership accountability. This condition indicates the need for an analytical framework that goes beyond formal legal compliance and incorporates foundational values underlying state governance. This study aims to examine the relevance of the principles of siyāsah shar‘iyyah namely justice, public interest (maslaḥah), balance, protection of religion and life, and leadership trustworthiness within Indonesia’s legal system and governmental policies. This research employs a normative legal method using statutory and conceptual approaches by analyzing the Constitution, statutory regulations, and relevant government policies. The findings demonstrate that the principles of siyāsah shar‘iyyah have substantial relevance to Indonesia’s national legal framework, particularly the 1945 Constitution of the Republic of Indonesia and various sectoral regulations. These principles are reflected in guarantees of equality before the law, orientation toward public welfare, proportional limitations on state authority, protection of the right to life and freedom of religion, and the strengthening of governmental accountability. Therefore, siyāsah shar‘iyyah can serve as an analytical instrument for evaluating and formulating public policies that are just and accountable.
Transformation of the Sentencing Paradigm in Indonesia: A Juridical Study of the Implementation of Restorative Justice in the New Criminal Code: Transformasi Paradigma Penetapan Hukuman di Indonesia: Studi Hukum tentang Implementasi Keadilan Restoratif dalam Kitab Undang-Undang Hukum Pidana Baru Syaifullah
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.14

Abstract

The enactment of the New Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) through Law Number 1 of 2023 has brought about fundamental changes in the direction and paradigm of national sentencing policy in Indonesia. One of the most notable reforms is the explicit recognition of the principle of restorative justice as an alternative mechanism for resolving criminal cases beyond a purely retributive approach. This article aims to analyse the juridical position of restorative justice within the framework of the New Criminal Code and its implications for the national criminal justice system, encompassing the stages of investigation, prosecution, and sentencing. The research employs a normative juridical method with statutory, conceptual, and policy approaches, through an examination of legislation, legal doctrines, and contemporary literature and policy developments from the period 2022–2025. The findings indicate that the New Criminal Code provides a more progressive normative foundation for the application of restorative justice; however, the effectiveness of its implementation remains dependent on the formulation of comprehensive technical regulations, the enhancement of law enforcement capacity, accountable monitoring mechanisms, and a structured and equitable system of victim protection.
Perkembangan Hukum Keluarga Islam Di Asia Selatan: Studi Komparatif Di Negara Pakistan, India, Dan Bangladesh: The Development of Islamic Family Law in South Asia: A Comparative Study of Pakistan, India and Bangladesh Muhammad Iqbal Hanafi Nasution; Juni Arnisa Napitupulu; Uswatun Hasanah; Ibnu Radwan Siddik Turnip; Rahmad Efendi
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.15

Abstract

This study aims to analyze the development of Islamic family law in South Asia, particularly in Pakistan, India, and Bangladesh, through a normative review of the main regulations that shape the family law system in the region. The study focuses on the influence of colonial heritage, national legal politics, and patterns of Sharia interpretation on the direction of Islamic family law reform. The method used is normative jurisprudence with a statute approach, through an examination of regulations such as the Muslim Personal Law (Sharia) Application Act 1937, the Muslim Family Laws Ordinance 1961, and the Muslim Marriages and Divorces (Registration) Act 1974. The data was analyzed qualitatively to identify differences in normative configurations between countries. The results of the study show that although the three countries have similar fiqh roots, the approach to Islamic family law legislation has developed differently. Pakistan stands out with administrative reforms that strengthen the role of the state, Bangladesh combines formal regulations with community mediation mechanisms, while India maintains a personal law system with limited state intervention. This study concludes that the effectiveness of Islamic family law in South Asia depends on the synergy between state codification and community authorities oriented towards substantive justice and social welfare.

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