cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ramadhita
Contact Email
-
Phone
-
Journal Mail Official
dejure@uin-malang.ac.id
Editorial Address
-
Location
Kota malang,
Jawa timur
INDONESIA
DE JURE
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang. Penyunting menerima naskah yang belum pernah diterbitkan dalam media lain.
Arjuna Subject : -
Articles 318 Documents
 28   29   30   31   32 
Challenges in Criminal Law Enforcement against Political Patronage in Regional Head Elections Ismayawati, Any; Aristoni, Aristoni; Rosyada, Amrina
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.33001

Abstract

The transition from a representative to a direct election system has opened wider access to political participation, allowing the public to directly elect candidates for governor, regent, and mayor. However, various groups see this system as an opportunity for political patronage, potentially involving money politics, that may undermine integrity and substantive democracy at the local level. This study aims to examine the challenges of enforcing criminal law against political patronage in regional head elections, primarily focusing on exploring the perceptions and behaviour of the Karimunjawa Jepara community towards the practice of political patronage, as well as the challenges and solutions faced by the Integrated Law Enforcement Centre in enforcing criminal law against such practices in regional elections. Furthermore, the findings were analysed using a legal anthropology and siyasah shar'iyyah approach. The results of this study indicate that the people of Karimunjawa remain permissive towards political patronage practices due to their apathy towards candidate pairs and socio-economic conditions. The weakness of evidence, driven by the public's unwillingness to testify, is a crucial challenge for the Integrated Law Enforcement Centre in enforcing criminal law during regional elections. From legal anthropology and siyasah shar'iyyah perspectives, these findings reflect the lack of optimisation in the internalisation of legal and Islamic values in the community's political attitudes. Therefore, a continuous legal outreach program and education that adhere to local values and Islamic spirituality are essential to overcome this problem. This research contributes to integrating electoral criminal law with Islamic values, while serving as a reference for the Integrated Law Enforcement Centre, the Election Supervisory Body, and related parties in formulating fair and progressive legal policies for the enforcement of electoral law.
Negotiating Islamic Law and Religious Tolerance in Mixed-Marriage Families in South Korea Whindari, Yayuk; Sudirman, Sudirman; Zulaichah, Siti; Hayati, Irma Nur; Hyun, Park Ji; Taufiqi, Muchammad Zidan
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.31313

Abstract

The dynamics of mixed-marriage families between Muslims and non-Muslims in South Korea illustrate how Islamic legal principles are negotiated within a multicultural and minority context. This study examines how Indonesian–Korean families practice and reinterpret Islamic law by integrating Social Construction Theory and the maqāṣid al-sharī‘ah framework. This research employs a socio-juridical qualitative design supported by demographic statistics on Indonesian migrants and intermarriages from Korean government sources. Primary data were obtained through in-depth interviews and semi-structured questionnaires with ten purposively selected Indonesian Muslim–Korean couples, while some other data were gathered from the Korean Muslim Federation (KMF) and the Indonesian Muslim Student Association (IMUSKA), both playing a central role in community support and religious education. Data were analysed in three stages: reduction, data display, and conclusion-drawing, to obtain a thematic interpretation that integrates social and legal dimensions. The findings reveal diverse strategies among Muslim spouses in balancing religious obligations with tolerance toward non-Muslim partners and families. Some maintain strict adherence to Islamic prohibitions, while others accommodate local cultural practices such as communal dining or social gatherings involving alcohol, interpreting these as expressions of respect and family harmony rather than religious neglect. These negotiations demonstrate that tolerance within mixed-marriage families is an active, socially constructed process shaped by daily interaction, cultural adaptation, and pragmatic decision-making. From the maqāṣid al-sharī‘ah perspective, such practices can be understood as preserving core objectives of Islamic law—ḥifẓ al-dīn (protection of faith), ḥifẓ al-nasl (family and lineage), and ḥifẓ al-ijtima‘ (social harmony). This research contributes to broader discussions on Islamic law, interfaith relations, and the lived experiences of Muslim minorities, highlighting how Islamic legal principles operate dynamically within non-Muslim communities.
Sharia, Gender Politics, and Public Discourse: Media Representation of Female Royal Leadership in Yogyakarta Nugroho, Catur; Huda, Muhammad Chairul; Wulandari, Astri; Nastain, Muhamad; Malau, Ruth Mei Ulina
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.33150

Abstract

This article examines how two mainstream Indonesian newspapers—Kompas and Republika—construct competing discourses around the prospect of female royal leadership in the Yogyakarta Sultanate. Focusing on the 2015 succession controversy triggered by Sultan Hamengku Buwono X’s decision to open the throne to his eldest daughter, the study investigates how media narratives invoke Islamic law, royal tradition, and gendered authority. Using Norman Fairclough’s three-dimensional Critical Discourse Analysis, the article analyses news reports and opinion pieces published between March and May 2015 to uncover how linguistic choices, sources, and intertextual references are mobilised to legitimise or contest a woman’s claim to the throne. The findings show that Republika frames the issue through a conservative Sharia-based perspective, emphasising religious orthodoxy and patriarchal norms. On the other hand, Kompas adopts a more pluralist and constitutionalist framing that normalises female leadership as congruous with democratic and cultural change. The primary argument advanced in this article is that the core site of contention is not Islamic law per se, but the way Sharia is selectively interpreted and circulated through media discourse to support competing hegemonic projects concerning gender and authority. Theoretically, the study demonstrates that media discourse serves as a critical arena in which Sharia, gender authority, and cultural legitimacy are negotiated, thereby making an essential contribution to Islamic legal studies and critical media analysis.
Philosophical Foundation, Application, and Controversies of Judicial Pardon in Islamic Criminal Law, Indonesian Penal Code, and the Criminal Justice System of Kuwait Ali, Mahrus; Al-Fahad, Hamad F.; Maulana, Wasikh
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32629

Abstract

This article explores the philosophical foundation and scope of application of al-‘afwu ‘anil ‘uqubah in Islamic criminal law, judicial pardon in the Indonesian Penal Code, and pardon and reconciliation under the criminal justice systems of Kuwait. Adopting philosophical, statutory, conceptual and comparative approaches, it employs the judicial-normative research method to analyse legal principles, legal concepts, and legislation relevant to the subject matter and to the topic. The findings indicate that the philosophical rationale of al-‘afwu ‘anil ‘uqubah in Islamic criminal law is grounded in restorative and theological aims, limiting its application to specific offences such as qishash, certain hudud, and ta’zir. In contrast, the Indonesian Penal Code uses rechterlijke pardon to soften the rigidity of legalistic punishment, granting judges discretionary authority to withhold penalties in trivial cases, taking into account the offender’s circumstances and contextual factors. Meanwhile, the Kuwaiti criminal justice system, though influenced by Sharia principles, employs pardon and reconciliation primarily to control crime, granting extensive powers to the Amir, victims, and investigative bodies to commute or withdraw penalties in exchange for cooperation.
Justice, Land, and Sharia: Conceptualizing Agrarian Courts in the Settlement of Land Ownership Disputes Tambunan, Rico J.R.; Safa'at, Rachmat; Permadi, Iwan; Sulistyarini, Rachmi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32486

Abstract

Agrarian disputes remain pervasive and complex, frequently involving violations of land rights, land grabbing, and overlapping claims. Such disputes often span civil, administrative, and even criminal dimensions, resulting in fragmented litigation before the General Courts and the State Administrative Courts. This fragmented adjudication has produced inconsistent and conflicting judicial decisions, thereby undermining legal certainty and justice in the land sector. These conditions underscore the urgency of establishing a specialized agrarian court with a clear institutional and procedural framework. This study aims to formulate a conceptual model of an agrarian court and to propose its future institutional mechanism in order to ensure legal certainty in the resolution of agrarian disputes. From the perspective of Islamic law, land ownership constitutes a protected right (ḥifẓ al-māl) that necessitates an effective and just dispute-resolution mechanism. This research employs a normative legal methodology using statutory, case, comparative, and conceptual approaches, supported by primary, secondary, and non-legal materials. The findings propose the Agrarian Court Concept based on the “3Ps” framework—Position, Procedure, and Professionalism—which emphasizes institutional clarity, specialized procedural rules, and competent adjudicators. This model is designed to prevent future disputes, harmonize judicial decisions, and resolve agrarian conflicts in a manner that promotes legal certainty, justice, and the broader objectives of law, including the principle of enjoining good and preventing harm.
Domestic Violence and Women’s Legal Awareness: The Family Corner Programmes Interventions through the Perspective of Maqāṣid al-Usrah Cholil, Mufidah; Rouf, Abd.; Rahmatullah, Prayudi; Ni’ami, Mohammad Fauzan
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.30101

Abstract

This study examines the mosque-based family corner in Malang Regency as a community institution implementing a legal awareness intervention programme for victims of domestic violence. The research specifically analyses the design and implementation of this intervention through the perspective of Jamaluddin Athiyyah’s maqāṣid al-usrah, while also evaluating key programme components such as legal education, counselling, mediation, and legal advocacy aimed at enhancing victims’ legal awareness. Employing field research with a descriptive-qualitative approach, data were collected through in-depth interviews with family corner counsellors, religious figures, and community leaders, complemented by direct field observations of programme activities. The findings demonstrate that the mosque-based family corner plays a significant role in assisting families affected by domestic violence, particularly by increasing victims’ understanding of their legal rights and encouraging informed decision-making through non-litigation mechanisms. The intervention programme contributes positively to strengthening family integrity, restoring communication, and fostering a shared commitment to preserving family unity following incidents of domestic violence. These outcomes are consistent with the core objectives of Jamaluddin Athiyyah’s maqāṣid al-usrah, including the realisation of sakinah, mawaddah, and rahmah within the family; the protection of life (ḥifẓ an-nafs); the safeguarding of religious values (ḥifẓ at-tadayyun); and the reinforcement of family institutions as a foundation of social stability. This study enriches the scholarly discourse on legal awareness among women victims of domestic violence, particularly those who choose counselling-based, non-litigation pathways, and highlights the strategic role of mosque-based community institutions in promoting access to justice and family resilience.
Abdurrahman Wahid’s Political Legacy and the Development of Civilisation Fiqh in Indonesia Syafa'at, Abdul Kholiq; Fauzi, Moh Nur
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32586

Abstract

This study examines the intersection between Abdurrahman Wahid’s concept of Cosmopolitan Fiqh and Nahdlatul Ulama’s recent initiative of Fiqh of Civilisation. This study seeks to analyse three primary aspects: Wahid’s cosmopolitan fiqh model, its epistemological construction, and its contribution to democracy in Indonesia. Wahid’s model of cosmopolitan fiqh is entrenched in a vision that positions fiqh not merely as a normative legal framework but as an instrument to promote universal humanity, protection of rights, and respect for diversity. The epistemological construction of this fiqh is shaped through a dialogical method, employing al-Jabiri’s trilogy of epistemology—bayani (textual reasoning), burhani (rational argument), and irfani (intuitive-cultural wisdom). This methodological approach enables the integration of Islamic teachings with Indonesia’s socio-political realities and indigenous wisdom, resulting in a flexible, context-sensitive fiqh. The findings reveal that Wahid’s cosmopolitan approach provides an epistemological foundation for the development of Fiqh of Civilisation within Nahdlatul Ulama. Its contribution to democracy in Indonesia is evident in three dimensions: strengthening democratic values and pluralism, ensuring the protection and recognition of rights across different groups, and projecting Indonesian Islam as a global model of peaceful and inclusive civilisation. Thus, Wahid’s fiqh serves as both a theoretical and practical reference for embedding Islamic principles within democratic and multicultural contexts.
Challenging Legal Injustice against Children in Incest Cases: A Progressive and Islamic Human Rights Approach Musyayyadah, Ulvi Rohmatul; Santoso, Lukman; Baihaqi, Achmad
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.36277

Abstract

Illegitimate children born from incest present complex issues in civil law, particularly concerning their legal status and the protection of their rights. The main legal problem concerns the position of the biological father. Under Islamic law, the biological father has no legal relationship of lineage, guardianship, or inheritance with the child. However, from a moral, constitutional, and human rights perspective, the father still bears responsibility for fulfilling the child’s basic rights. This study examines the legal consequences and obligations of biological fathers toward illegitimate children using the perspectives of Progressive Law and Islamic Human Rights. The research employs a normative legal method, focusing on Article 283 of the Civil Code, which prohibits the recognition of illegitimate children. This provision is analyzed in relation to the Child Protection Law, the Human Rights Law, the International Covenant on Civil and Political Rights, and other relevant regulations. In addition, conceptual and philosophical approaches are used to reinterpret rigid legal norms by emphasizing justice, humanity, and social reality. The study finds that recognition of illegitimate children by their biological fathers may be permitted to the extent that it ensures the fulfillment of the child’s fundamental rights, such as financial support, education, and health care. However, recognition should not extend to lineage, inheritance, or guardianship, in order to uphold the principle of hifz al-nasl (protection of lineage). These limitations are not discriminatory but aim to harmonize child protection with the principles of Islamic law. Furthermore, responsibility for protecting children does not rest solely on parents; the state and society also have a duty to ensure that all children receive equal protection. This research offers a legal reconstruction that bridges Islamic law and human rights, providing a normative basis for child protection policies consistent with maqāṣid al-sharīʿah.

Page 32 of 32 | Total Record : 318

 28   29   30   31   32 

Filter by Year

2009 2025


Reset
Filter By Issues
All Issue Vol 17, No 2 (2025) Vol 17, No 1 (2025) Vol 16, No 2 (2024) Vol 16, No 1 (2024) Vol 15, No 2 (2023) Vol 15, No 1 (2023) Vol 14, No 2 (2022) Vol 14, No 1 (2022) Vol 13, No 2 (2021) Vol 13, No 1 (2021) Vol 12, No 2 (2020) Vol 12, No 1 (2020) Vol 11, No 2 (2019) Vol 11, No 1 (2019) Vol 10, No 2 (2018) Vol 10, No 1 (2018) Vol 9, No 2: Desember 2017 Vol 9, No 1: Juni 2017 Vol 8, No 2: Desember 2016 Vol 8, No 1: Juni 2016 Vol 7, No 2: Desember 2015 Vol 7, No 1: Juni 2015 Vol 6, No 2: Desember 2014 Vol 6, No 1: Juni 2014 Vol 5, No 2: Desember 2013 Vol 5, No 1: Juni 2013 Vol 4, No 2: Desember 2012 Vol 4, No 1: Juni 2012 de JURE (Vol. 1, No. 2 Vol 3, No 2: Desember 2011 Vol 3, No 1: Juni 2011 de Jure (Vol. 2, No. 1 Vol 2, No 2: Desember 2010 Vol 2, No 1: Juni 2010 Vol 1, No 2: Desember 2009 Vol 1, No 1: Juni 2009 More Issue