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INDONESIA
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 59 Documents
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THE JURIDICAL CONSEQUENCES OF CORPORAL PUNISHMENT BY TEACHERS AND PARENTAL LEGAL COMPLAINTS IN THE CONTEXT OF CHILD PROTECTION ACT Muhammad Khoiru Royyan; Aulia Binta Emira; Sri Mulyati; Anindya Aryu Inayati
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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This study aims to analyze the juridical implications of the reporting of student guardians to teachers related to the practice of corporal punishment in the educational environment. This study is a normative legal research. The approach used is a legislative approach, which focuses on analyzing the applicable regulations. The primary legal source in this study is the Child Protection Law and Education policy. The data was analyzed using thematic analysis techniques. The results of the review show that the legal implication of the student's parents' reporting to the teacher is the blurring of the meaning of "violence against children" in Law Article 76C jo. Article 80 of Law No. 35 of 2014. This is due to the absence of the limitation of violence referred to by the Law in the implementation of physical punishment against students. So that it gives rise to interpretations that are not in accordance with the mandate of the Law. Another implication is the overlap with article 39 paragraphs 1 and 2, Law No. 14 of 2005 concerning Teachers and Lecturers, which states that teachers are protected by law in carrying out their profession.
CONSTITUTIONALITY OF THE CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 FROM THE PERSPECTIVE OF CONSTITUTIONAL LAW AND FIQH SIYASAH DUSTURIYAH Febrian Arif Wicaksana; Saipul Nasution; Meutya Amalia; Muhsin Arafat
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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The Constitutional Court is a state institution that acts as the Guardian of the Constitution, tasked with providing the right interpretation of the law so that it does not contradict constitutionalism. Decision Number 90/PUU-XXI/2023 issued by the Constitutional Court regarding the age limit for presidential and vice-presidential candidates has caused a lot of controversy starting from determining it until the decision was made. This study aims to analyze the decision of the Constitutional Court Number 90/PUU-XXI/2023, from the perspective of constitutional law and Fiqh Siyasah Dusturiyah (Islamic state politics). The formulation of the research problem is how the constitutionality of the Constitutional Court's decision Number 90/PUU-XXI/2023 and how Fiqh Siyasah Dusturiyah views the constitutionality of the Constitutional Court's decision Number 90/PUU-XXI/2023. The methodology that used in this research is a juridical-normative approach, with a descriptive analysis method. This research relies on literature studies from the primary sources such as court decisions, and laws and secondary sources from books and journals related to Constitutional Law and Fiqh Siyasah Dusturiyah. The results showed that the Constitutional Court's decision Number 90/PUU-XXI/2023 was unconstitutional and this decision is not by the principles of justice and the principle of division of authority in Fiqh Siyasah Dusturiyah. This research showed the importance of fair legal interpretation, maslahat, and compliance with the principles of Fiqh Siyasah Dusturiyah and the constitution in determining constitutional political policy.
HAK CUTI SUAMI: SUDAHKAH SEJALAN DENGAN PRINSIP MASLAHAH DALAM SIYASAH DUSTURIYAH? Safwatul Muna; Ihdi Karim Makinara; Husni A. Jalil
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Paternity leave for husbands accompanying their wives after childbirth is a policy that demonstrates progress in family protection and the strengthening of the husband's role in childcare. This article aims to examine the compatibility between the right to paternity leave as stipulated in Law No. 4 of 2024 on the Welfare of Mothers and Children in the First Thousand Days of Life with the principle of maslahah within the framework of Siyasah Dusturiyah. This study employs a normative legal method through a statutory approach and a conceptual approach. The analysis focuses on legal norms and doctrines in Islamic law, particularly the principle of maslahah and Siyasah Dusturiyah. The findings indicate that the policy on the husband's right to leave meets the elements of maslahah mursalah because it provides tangible benefits, does not contradict the text, and encompasses the public interest. This policy also represents the actualization of maqāṣid al-syarī‘ah in protecting life and offspring. Thus, the husband's leave entitlement is an implementation of the values of justice and maslahah in the national legal system that is in line with the principles of Islamic law.
KOMPARASI PENAFSIRANAYAT AL-QUR’AN DAN HADITS TENTANG KEPEMIMPINAN WANITA Hanif A’la Ilhami; Zul Efendi; Arsal Arsal
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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This paper aims to compare two points of view in interpreting verses and hadiths related to women's leadership in Islam. This research is qualitative in nature, using literature sources. Scholars interpret verses and hadiths related to leadership with a clear and detailed methodology, including understanding the text and context of each. The distinction of Islamic teachings towards men and women is natural. However, both still lead to glory and paradise, even though their roles are different. Feminists reject the pattern of male leadership over women for various reasons. The existing teachings are not the true teachings of Islam, but the result of social constructs that can change over time. Based on the analysis that has been presented, the interpretation of the ulama is more accurate and stronger because it has a clear methodology and is supported by so many hadith narrations. In contrast, feminist thought is dominated by contextual interpretations without a clear methodology, which can lead to radical changes in religion.
ANALISIS KAIDAH ‘URF PADA TRADISI MENDHEM ARI-ARI DALAM KEPERCAYAAN JAWA Achmad Arif; Muhammad Akhlis Azamuddin Tifani; Nadia Sulistyawati; Teguh Eka Prasetya
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Javanese people are known to hold on to the traditions of their ancestors. However, many young people just follow the tradition without knowing the beliefs contained and the law in Islam. The purpose of this study is to explain the Mendhem Ari-Ari Tradition in Javanese beliefs in Lidah Wetan Village according to the analysis of 'urf rules. This research is a qualitative research with descriptive-analytical research typology based on primary and secondary data collection methods as well as data collection methods through observation, interviews and documentation. The findings of this research: 1) The tradition of Mendhem Ari-Ari in Javanese beliefs in Lidah Wetan Village, Lakarsantri District, Surabaya City is carried out by using flower sesarat and wishing tools and then covering the grave with a basket for 40 days. 2) The review of the analysis of the rules of 'urf on this tradition is punished as a tradition that should not be done because it does not fulfil one of the requirements of urf and is categorised as fasid urf. But it can be done as long as it does not conflict with Islamic law.
IMPLEMENTASI SANKSI PERJUDIAN SABUNG MANUK MENURUT QANUN NO 6 TAHUN 2014 TENTANG HUKUM JINAYAT Yulanda Sari; Ida Friatna; Nurul Fithria
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Qanun is a form of regional legislation that applies specifically in the Aceh Province, as part of the region’s special autonomy and privileges in implementing Islamic Sharia values. This is regulated under Law Number 11 of 2006 concerning the Governance of Aceh. One of the significant regulations born from this authority is Qanun Number 6 of 2014 on Jinayat Law, which prohibits jarimah maisir or all forms of gambling, including cockfighting practices. Cockfighting is an activity where two roosters are pitted against each other for the purpose of entertainment and betting. Although some communities consider it a tradition or a form of amusement, the practice involves elements of gambling due to the presence of money or valuables being wagered. Therefore, cockfighting falls under the category of maisir and is legally prohibited. Beyond violating the law, cockfighting has negative impacts on public order, lowers the moral standards of the younger generation, and contradicts Islamic values that prohibit gambling and cruelty to animals. Field observations, such as those in Tangga Besi Village, Simpang Kiri Subdistrict, Subulussalam City, show that cockfighting is still widely practiced by the community. These activities are often conducted secretly in remote locations that are difficult for law enforcement to access. Several factors contribute to the persistence of this practice, including poor economic conditions, a lack of religious understanding, environmental influences, and deeply rooted cultural habits. Although law enforcement efforts have been carried out by the Satpol PP and Wilayatul Hisbah, the results remain less than optimal. Therefore, eradicating cockfighting requires synergy between law enforcement officials, religious leaders, the community, and village authorities to build legal awareness and create an environment more aligned with the principles of Islamic Syariat.
ANALISIS KADAR RADHA’AH YANG MENGHARAMKAN PERNIKAHAN PERSPEKTIF EMPAT MAZHAB Hifdhotul Munawaroh; Yana Elita; Andini Rachmawati; Nida Farida Ramadani
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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There are differences of opinion among the four madhhabs of Shafi'i, Hanafi, Maliki and Hanbali regarding the amount of breastfeeding that causes a mahram relationship and the method of breastfeeding. Therefore, this study focuses on two main aspects first, analysing the opinions of the four madhhabs regarding the level of radha'ah and the method of breastfeeding that prohibits marriage second, identifying the similarities and differences in the views of the Mazdahib Imams regarding this matter. This research uses qualitative research and is conducted through literature studies that refer to primary and secondary legal materials. The author's type of research is a normative fiqh approach with a comparative approach. The results of the study confirm that the four madhhabs agree that the mahram relationship due to breastfeeding is not only limited to direct breastfeeding, but also includes other methods, such as breastfeeding through bottles, aids, or even through the nose, as long as the milk enters the baby's body and has a growth effect.
DINAMIKA PEMBENTUKAN DAN IMPLEMENTASI UU PORNOGRAFI DALAM KONTEKS POLITIK HUKUM INDONESIA Roidatus Shofiyah
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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This article discusses the dynamics of the formation and implementation of the Pornography Law in Indonesia within the context of legal politics. The law, which was enacted in 2008, went through a lengthy process that began in 1997 and faced opposition from various groups, including local communities with diverse cultural backgrounds. A major challenge in its implementation is the misalignment with local cultural values, as well as the broad and ambiguous definition of pornography, which complicates law enforcement—particularly in the digital era. The type of research used is normative legal research, which includes the study of legislation, comparative law, and legal history. This article concludes that in order to ensure effective implementation, the Pornography Law must be adjusted to accommodate cultural diversity and evolving societal developments, rather than relying heavily on other regulations such as the ITE Law, the TPKS Law, and the Criminal Code (KUHP). In addition, collaboration between the government, society, and legal institutions is essential.
MORATORIUM HUKUMAN MATI DI INDONESIA PERSPEKTIF HAK ASASI MANUSIA Fazari Zul Hasmi Kanggas; Meitria Cahyani; Aura Prasasti Subagja; Mohammad Syifa Urrosyidin
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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In Indonesia, the death penalty remains in effect, preceded by the implementation of a ten-year suspension (moratorium), as stipulated in Article 100 of the newly enacted Criminal Code (KUHP). This moratorium serves as an opportunity for the convicted individual to demonstrate rehabilitation before the sentence is carried out. Therefore, this study aims to examine the legal norms governing the death penalty moratorium and to analyze the human rights perspectives regarding the moratorium. This research employs a normative juridical method, utilizing data collection through literature study and qualitative analysis methods. The findings indicate that the legal norms concerning the death penalty moratorium, as outlined in Article 100 of Law Number 1 of 2023, establish a waiting period for execution, during which the behavior of the convicted individual is assessed. If the individual exhibits good conduct during this period, the death sentence may be commuted. Meanwhile, the death penalty moratorium aligns with the human rights concept, as the right to life is a non-derogable right. The 2007 UN Resolution on the moratorium was supported by a majority of countries, in accordance with Article 3 of the Universal Declaration of Human Rights (UDHR) and Article 6 of the International Covenant on Civil and Political Rights (ICCPR), while also considering the local wisdom of each nation. However, under Islamic law, qishas (retributive justice) must still be applied to resolve grievances between the perpetrator and the victim or their family, thereby preventing the recurrence of similar crimes.
ANALISIS HUKUM TERHADAP PENGELOLAAN TEMPAT PEMBUANGAN AKHIR (TPA) BANTARGEBANG DALAM PERSPEKTIF HAK WARGA SEKITAR ATAS LINGKUNGAN SEHAT Sandy Alun Samudra MB; Ujang Supian; Ikhwan Aulia Fatahillah
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 2 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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This paper aims to determine the impact of the Bantargebang Final Disposal Site (TPA) on the surrounding environment and to examine its laws and regulations in order to assess the extent to which the management of the Bantargebang TPA has fulfilled the legal provisions related to the rights of citizens to a healthy environment. The method used in this study is the normative legal research approach. The results of the study found that there had been a violation of Article 28H paragraph (1) of the 1945 Constitution and Article 65 paragraphs (1) and (2) of the PPLH Law against the rights of citizens to a good and healthy environment, with evidence that the management of the Bantargebang TPA has not been optimal due to pollution of water, air, and soil that has had an impact on the surrounding community for years. In fact, human rights guidelines should be met because a decent standard of living and continuous improvement in living conditions have been guaranteed by the state. Legally, the state and local governments have failed to guarantee the quality of a healthy environment around the Bantargebang TPA because they are considered less capable of preventing the impacts of waste management at the TPA, this can be categorized as a form of violation of the right to a healthy environment.

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