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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 59 Documents
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ATURAN KAMPANYE PEJABAT NEGARA DALAM UNDANG- UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM MENURUT PERSPEKTIF FIQH SIYASAH DUSTURIYAH Rike Sukma Wadhoni; Edi Yuhermansyah; Riadhus Sholihin
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
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

Many incumbent officials continue to exploit state facilities such as official vehicles, government housing, and even involve civil servants in covert campaign activities, even though it's forbidden. This study aims to analyze the legal provisions regarding state officials’ campaigns under Law No. 7 of 2017 through the lens of fiqh siyasah dusturiyah (Islamic constitutional politics). The analysis focuses on aligning positive legal norms with Islamicvalues such as justice (al-‘adālah), trustworthiness (al-amānah), and public interest (maslahah ‘āmmah) as ethical standards inpolitics. The study uses a normative-qualitative method by examining academic literature, legal regulations, and classical Islamic texts. The findings of this study indicate that, from a normative perspective, the provisions in Law No. 7 of 2017 firmly prohibit the use of state facilities for campaign purposes. However, when compared with the values of fiqh siyasah dusturiyyah, it is evident that these provisions do not fully reflect the principles of al-ʿadālah (justice), al-amānah (integrity), and maṣlaḥah ʿāmmah (public interest), as they lack a moral foundation and ethical oversight grounded in Islamic spirituality.
PERLINDUNGAN HAK CIPTA TERHADAP PEMBAJAKAN KONTEN DI ERA DIGITALISASI Muhammad Farhan; Anne Riski Ananda
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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Abstract

Copyright protection in the era of digitalization has become an increasingly important issue as cases of content piracy rise. Advances in information and communication technology have facilitated the dissemination of creative works, but they also pose new challenges for creators and copyright holders. This study aims to analyze the effectiveness of legal protection for copyright in Indonesia, particularly in the context of digital content piracy. The research employs a normative legal method with legislative and conceptual approaches. The findings indicate that although regulations exist, gaps between legal norms and practical implementation remain a significant obstacle. Furthermore, technological advancements such as artificial intelligence (AI) add complexity to copyright enforcement. Therefore, a synergy between stringent regulations, proactive corporate policies, and adaptation to technological developments is necessary to protect copyright and support the sustainability of the creative industry.
PELINDUNGAN HUKUM BAGI PASANGAN DALAM PERKAWINAN TIDAK TERCATAT (SIRI) TERKAIT KEPEMILIKAN HARTA BENDA Devi Syalwa Syahfitri; Juni Kristiani Meliala; Petrus Medikson Pardede; Suci Rohani Panjaitan; Vany Helpiana Saragih; Parlaungan Siahaan
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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Abstract

This study examines the legal protection of property ownership for couples in unregistered (siri) marriages and compares it with the legal framework governing officially registered marriages. Unregistered marriages often lead to legal uncertainty, particularly regarding shared property in cases of divorce or inheritance. The absence of official registration weakens the legal standing of such unions, increasing the risk of injustice, especially for women. Existing legal provisions do not explicitly regulate property protection in unregistered marriages, leaving their resolution largely dependent on law enforcement interpretation or case-by-case court decisions. This research adopts a normative-empirical approach by analyzing statutory regulations and collecting empirical data from field observations and interviews. The findings indicate that marriage registration is crucial for ensuring legal protection of jointly acquired property. Isbat nikah (marriage validation) and the principles of contract law serve as alternatives for gaining legal recognition. This study aims to contribute to the development of a more just and adaptive legal protection system for couples in unregistered marriages.
EKSISTENSI TUHA PEUT DI KECAMATAN KLUET TENGAH TERHADAP PEMBENTUKAN RANCANGAN QANUN GAMPONG: Eksistensi Tuha Peut Terhadap Pembentukan Rancangan Qanun Ridha Mellyza; Hasnul Arifin Melayu; T. Surya Reza
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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Abstract

Tuha Peut is the gampong legislative body which has a large authority and role in gampong government and is also the keuchik working partner in running the government. One of the positions of the Tuha Peut institution in gampong level government is compiling and formulating gampong Qanun. In this case, Tuha Peut also has a role in formulating gampong qanun which are in accordance with South Aceh Regency Qanun Number 22 of 2012 concerning the Duties and Authorities of Tuha Peut as the gampong deliberative body. This means that Tuha Peut was given the authority to draft the village Qanun. This study applies a field-based approach with an empirical legal framework research show that Tuha Peut Kluet Tengah played a role in making the gampong Qanun and preserving gampong customs.
PERLINDUNGAN MEREK DAGANG: Studi Kasus Penindakan Pidana Terhadap Produk Palsu Dan Bajakan Di Kabupaten Cianjur Piki Rohmatuloh; Mochamad Rif’at Denasetya; Muhammad Azaria Kanigara Persada; Nurulloh Misbahul Ma’ruf; Novandio Satria Ramadhan
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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Abstract

This study aims to analyze the legal mechanisms against trademark violations, implementation challenges, and strategies to strengthen trademark protection in this area. The research employs an empirical juridical method that combines normative analysis of Law Number 20 of 2016 concerning Trademarks and Geographical Indications with empirical studies through in-depth interviews and field observations. Data were collected from a literature review of legal regulations and interviews with law enforcement officers, trademark owners, and business actors in Cianjur. The findings reveal that although national regulations provide an adequate legal framework, their implementation at the local level faces obstacles such as low public legal awareness, weak supervision, and the complexity of counterfeit product distribution. Cases like the counterfeit fertilizer factory in Ciranjang highlight the need to enhance the capacity of law enforcement officers and strengthen inter-agency coordination. Additionally, digitizing the trademark registration and reporting processes, as well as educating the public, are vital solutions to improve the effectiveness of trademark protection. This study underscores the importance of synergy among the government, law enforcement, and society in reinforcing trademark protection.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN VERBAL Desi Sommaliagustina; Kantrey Sugiarto
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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Abstract

Verbal violence is often underestimated, even though its impact is very serious on psychological conditions, especially in women and children. The purpose of this study is to identify forms of verbal violence in social practice, analyze legal arrangements regarding verbal violence in the Criminal Code and other laws, and provide recommendations for ideal legal protection for victims. This study examines forms of verbal violence such as catcalling, verbal sexual harassment, and bullying and examines the legal protections available in the Indonesian legal system. Using a normative juridical approach supported by literature studies, this paper analyzes the scope of verbal violence in the Criminal Code (KUHP) and related laws such as the Pornography Law and the Child Protection Law. The results of the study show that despite several applicable legal provisions, understanding and enforcement of the law against verbal violence is still minimal, both in public spaces and in digital media. Therefore, it is necessary to strengthen the legal framework and public education in order to provide comprehensive legal protection for victims.
KERUGIAN PELAKU USAHA AKIBAT RETURN BARANG OLEH KONSUMEN: Perbandingan antara Undang – Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen dengan Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi dan Transaksi Elektronik Muhammad Tegar Pandu Prakoso; Anang Dony Irawan
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 study analyzes the legal comparison between the Electronic Information and Transactions Law (UU ITE) and the Consumer Protection Law (UUPK) in regulating losses experienced by business actors due to the return of goods by consumers in e-commerce transactions, especially with the Cash on Delivery (COD) payment system. The research method used is normative. This study aims to identify legal loopholes in the UUPK and the ITE Law related to the protection of business actors, and to analyze how these two laws can be implemented simultaneously to provide balanced protection. The results of the study show that although the UUPK and the ITE Law provide legal guarantees for business actors, there are no regulations that specifically regulate the division of risk and responsibility in COD transactions. Therefore, a more comprehensive regulation is needed to protect business actors from potential losses due to the return of goods. This research is expected to contribute to the development of better policies in protecting business actors and creating safer and fairer e-commerce transactions for all parties involved.d into 3 namely medical assistance, psychological assistance, and legal assistance.
PENEGAKAN HUKUM PELANGGARAN PEMASANGAN ALAT PERAGA KAMPANYE PADA PEMILLIHAN UMUM 2024 DI KABUPATEN PASAMAN BARAT: Tinjauan Berdasarkan Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum Arif Budiman; Hasnul Arifin Melayu; Rispalman Rispalman
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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Abstract

With the General Election, people can take part in determining the direction of the State. Elections are organised by the General Election Commission (KPU) which is then assisted by the Election Supervisory Body (BAWASLU) to create elections in accordance with what is mandated by the Legislation. General elections cannot be separated from the regulations that must be obeyed so that the implementation of elections can run in an orderly manner, but in fact the implementation of elections has not been running with what is mandated by the Legislation, the campaign period is very much found violations in the field, especially regarding the installation of Campaign Props that violate the rules, West Pasaman Bawaslu found 1560 violations regarding the installation of Campaign Props which must be followed up in order to create clean elections from all violations, especially regarding the installation of violating Campaign Props. The law enforcement carried out by Bawaslu Pasaman Barat includes giving sanctions of reprimand and taking action against violations by disciplining campaign props, while this research method uses empirical juridical by paying attention to the implementation of laws or rules in the field and the implementation of elections in West Pasaman Regency.
NECROPHILIA IN PERSPECTIVES OF INDONESIAN POSITIVE LAW AND ISLAMIC LAW Febrian Arif Wicaksana; Arif Dian Santoso; Virgin Muthia Imron
Journal of Indonesian Comparative of Syari'ah Law Vol. 6 No. 2 (2023): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

the sexual crimes committed against corpses. In Indonesia, no law regulates the prohibition of Necrophilia. Meanwhile, Islam has specific and detailed laws governing Necrophilia, and most Indonesian people are Muslim so that it can be used as an illustration in the formation of positive law in Indonesia. Strengthen the judge's view of necrophilia perpetrators by implementing rechtvinding through various methods. From this background, in this study, there are two problem formulations. First, how is the necrophilia law in positive Indonesian law? Second, how is the law of Necrophilia in Indonesia from the perspective of Islamic law? This research aims to enforce the law, to reduce necrophilia crimes, and to create the deterrent effect. The research method used is normative juridical. The author uses literature research, statutory approaches, and comparisons between Islamic and positive Indonesian law. Followed by the documentation of study data collection techniques and qualitative data analysis techniques, followed by a deductive mindset. So that a theoretical basis can be formed, that, Necrophilia is reviewed in positive Indonesian law and Islamic law, and analysis of Necrophilia in positive Indonesian law and Islamic law. This study concluded that regarding positive Indonesian law, there are no rules that specifically regulate Necrophilia, as for some regulations that can be imposed in the form of criminal law in accordance with previous crimes such as murder, immorality, and others that can be imposed by judges. As for according to Islamic law, it can be imposed ta'zir or had.
Analysis on The Issue of Hijri Taqwim Development From The Perspective of Fiqh Methods and The Impact on The Unification Of The Ummah Selmarisa Wardhani; Ibnor Azli Ibrahim
Journal of Indonesian Comparative of Syari'ah Law Vol. 6 No. 2 (2023): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

Unifying the concept of hijri taqwim is urgently needed nowadays in order to reunite the ummah. This is due to the fact that the variety of taqwim methods has posed differences in determining the beginning the new moon, as happened in the celebration of Eids Fitri this year in Indonesia. Muslims in one country and internationally are separated because of the unified taqwim system, so they often carry out various dates of prayer at different times’. This study is a qualitative study which will examine how the application of maqasid shar'iyah and selected methods summarized in the Main Fiqh Methods in hilal issues and the unification of hijri taqwim. This study will analyze some of the minor methods of the five major fiqh methods. This study found that Unifying ummah in taqwim is indeed a call written in the Qur’an and Hadith’ and Its compatibility with the fiqh methods means that it strengthens the validity, so its necessity for realization the unification of taqwim. This study also finds the Rukyah Muhaqaqah method suitable to provide a solution of the differences method in determining new moon. The method of Rukyah Muhaqaqah combines maqasid sharia as the first guideline and also technology use to realize a simple and high quality method of taqwim.

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