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Erwin Hikmatiar
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INDONESIA
SALAM: Jurnal Sosial dan Budaya Syar-i
ISSN : 23561459     EISSN : 26549050     DOI : 10.15408
SALAM: Jurnal Sosial dan Budaya Syar-i (ISSN 2356-1459) is a national journal published by the Faculty Sharia and Law Syarif Hidayatullah State Islamic University of Jakarta, INDONESIA. The focus is to provide readers with a better understanding of Indonesia social and sharia culture and present developments through the publication of articles, research reports, and book reviews. SCOPE of SALAM: Jurnal Sosial dan Budaya Syar-i specializes in Indonesian social and sharia culture, and is intended to communicate original researches and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. SCOPE of SALAM: Jurnal Sosial dan Budaya Syar-i specializes in Indonesian social and sharia culture, and is intended to communicate original researches and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Articles 14 Documents
Search results for , issue "vol. 13 no. 1 (2026): spring edition" : 14 Documents clear
Executorial Power of Constitutional Court Decisions on Legislative Follow-Up by the People's Representative Council Rahmi Agustin; Nur Rohim Yunus
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.50624

Abstract

This study analyzes the executive power of Constitutional Court Decision No. 135/PUU-XXII/2024 in the Indonesian general election system and the legal implications of the lack of legislative follow-up. The study focuses on the decision's final and binding nature, its non-self-executing character, and the role of legislators. This qualitative, normative-juridical research uses legislative, conceptual, and case-based approaches. Data collection was conducted through library research of relevant books, journals, and regulations, analyzed using content analysis. The results show that, despite its final and binding nature, the executive power of the decision does not always take effect immediately when it requires changes to statutory norms. The lack of legislative follow-up to Constitutional Court Decision No. 135/PUU-XXII/2024 creates legal uncertainty, weakens the effectiveness of constitutional supremacy, and has the potential to trigger constitutional issues in the implementation of elections. Therefore, it is necessary to strengthen the design of Constitutional Court decisions to make them more implementable and provide a clear legislative follow-up mechanism to ensure the effective enforcement of decisions within the Indonesian constitutional system.  
Legal Politics of Film Censorship in Indonesia: From the Dutch East Indies Colonial Era to the New Order Sofyan Hadi
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53208

Abstract

Film censorship in Indonesia has a long historical trajectory, reflecting the intricate relationship between political power and legal frameworks governing public entertainment. This study examines how ruling governments across different historical periods employed legal politics to control film content, and how political determination shaped censorship law. Utilizing a normative juridical methodology with statutory and historical approaches, the research analyzes primary legal materials—including the Film Ordonantie of 1916 with its seven amendments, Japanese military regulations, and national legislation up to Law No. 8/1992 on Film. The theoretical framework integrates Lawrence Friedman's legal system theory and Mahfud MD's political determination thesis. Findings reveal that film was consistently perceived as a strategic propaganda instrument rather than merely a cultural product, leading to policies designed to protect ruling interests. The Dutch East Indies prioritized maintaining white prestige, the Japanese military served war objectives, the Old Order witnessed ideological contestation, and the New Order enforced development narratives alongside anti-communism campaigns. Throughout these periods, political configurations significantly determined the substance, structure, and legal culture of censorship institutions, confirming the determinative influence of politics on law. Ultimately, this study contributes to legal history scholarship by providing a comprehensive analysis of film censorship evolution in Indonesia. Keywords: Film Censorship; Legal Politics; Colonial Law; New Order; Propaganda; Legal History; Indonesian Cinema
Tax Avoidance by Business Entities: A Legal Analysis Under Indonesian Tax Law Rizal Wahyudi; Gilang Rizki Aji Putra
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53209

Abstract

Tax avoidance represents a persistent challenge in revenue administration, creating tension between corporate financial optimization and state revenue mobilization. This study examines the legal dimensions of tax avoidance practices by business entities within the Indonesian taxation framework. Employing a normative juridical methodology with a qualitative descriptive approach, the research analyzes statutory provisions, particularly Law No. 28 of 2007 on General Provisions and Tax Procedures, Law No. 36 of 2008 on Income Tax, and Law No. 40 of 2007 on Limited Liability Companies. The findings reveal that Indonesian tax law distinguishes between lawful tax avoidance, which exploits regulatory loopholes without violating statutory provisions, and unlawful tax evasion, which involves fraudulent acts such as financial statement manipulation. Business entities, as tax subjects possessing Taxpayer Identification Numbers, bear mandatory obligations to pay Income Tax and Value-Added Tax under the self-assessment system. The study identifies passive and active forms of tax resistance, with active resistance further categorized into avoidance, evasion, and negligence. While tax avoidance operates within legal boundaries, the absence of bona fide business purpose may render certain transactions illegitimate, particularly concerning multinational corporate structures. The research contributes to the theoretical understanding of the legal boundary between permissible tax planning and impermissible tax evasion, offering practical implications for tax administrators, corporate taxpayers, and legislative reform efforts. Limitations include the exclusive reliance on secondary data and the normative scope of analysis, suggesting future empirical investigations into enforcement patterns and corporate compliance behavior. Keywords: Tax Avoidance, Tax Evasion, Business Entities, Indonesian Tax Law, Corporate Taxation, Self-Assessment System, Tax Compliance
Maladministration as a Threat to the Rule of Law and Good Governance Principles in Public Service Ardiana Ardiana
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53210

Abstract

Maladministration in public service delivery represents a fundamental challenge to governance quality in Indonesia, threatening both constitutional rule of law principles and internationally recognized good governance standards. This study examines the mechanisms through which maladministration undermines legal and governance frameworks, and analyzes the legal accountability systems available for addressing administrative misconduct. Employing normative juridical methodology with conceptual and statutory approaches, the research systematically examines primary legal materials including Law No. 37 of 2008 on the Ombudsman, Law No. 25 of 2009 on Public Service, and Law No. 30 of 2014 on Government Administration, complemented by secondary scholarly sources. The findings reveal that maladministration threatens rule of law principles through three primary mechanisms: displacement of legal supremacy by administrative discretion, erosion of equality before the law through discriminatory service provision, and weakening of separation of powers through ineffective oversight. Simultaneously, maladministration undermines good governance by creating accountability deficits, transparency gaps, rule of law failures, efficiency losses, and participation barriers. The legal framework provides administrative, civil, and criminal accountability pathways; however, implementation gaps persist, evidenced by only 64.7% compliance with Ombudsman recommendations. The study contributes to administrative law scholarship by providing integrated analysis of maladministration's dual threat to legal and governance systems, and by systematically mapping accountability mechanisms within the Indonesian legal context. Limitations include the normative methodology's inability to capture empirical dimensions of maladministration prevalence and institutional practice, suggesting future empirical and comparative research directions. Keywords: Maladministration, Rule Of Law, Good Governance, Public Service, Legal Accountability, Ombudsman, Administrative Law  
The Fahmi Qira'atil Qur'an (FQQ) Method: A Historical and Pedagogical Analysis of an Indigenous Indonesian Quranic Learning Approach Abdul Rosyid; Sirrotul Ilmi Matdoan
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53217

Abstract

The development of Qur'anic literacy among Indonesian Muslims has long been a central concern of Islamic education, prompting the emergence of various indigenous methods designed to accelerate and simplify the process of learning to read the Holy Qur'an. This study examines the Fahmi Qira'atil Qur'an (FQQ) method, a Qur'anic learning approach developed by Ahmad Bardji Matdoan in Ambon, Maluku, in the late 1970s. Employing a qualitative descriptive methodology with historical and pedagogical analysis, the research investigates the method's origins, characteristics, instructional design, and distinctive features through examination of the primary textbook and supplementary sources. The findings reveal that the FQQ method emerged as a response to the limitations of the Baghdadiyah method, incorporating a unique three-stage hijaiyah letter recognition system organized alphabetically, combined with simultaneous introduction of letter forms in initial, medial, and final positions. The method integrates tahajji (spelling), talaffuzhi (phonetic), and qiyasi (latinization) approaches within a single-volume textbook structured across three instructional levels from beginner to intermediate. Distinctive features include the classification of fourteen challenging letters with Latin equivalents, the use of fourteen reading sign formulas, and specific terminological variations in tajwid concepts compared to other Indonesian methods. The FQQ method has demonstrated significant longevity, spreading from Ambon to the Tual region of Southeast Maluku, where it continues to be utilized in Taman Pengajian Al-Qur'an institutions and government-sponsored literacy programs. This study contributes to the documentation and analysis of Indonesia's diverse Qur'anic pedagogical heritage, highlighting the importance of preserving and studying locally-developed Islamic educational approaches within their sociocultural contexts. Keywords: FQQ Method, Qur'anic Literacy, Islamic Education, Tajwid Pedagogy, Maluku, Indonesian Islam, Baghdadiyah Method
The Dialectic of Religiosity and Local Traditions in the Dynamics of Community Life A Study of the Anthropology of Religion Miftahul Huda; Faiqatul Husna
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53231

Abstract

Abstract Religiosity and local traditions are two fundamental elements that shape the dynamics of community life. Their relationship is not static but continuously evolves through interaction, adaptation, negotiation, and transformation influenced by social, cultural, and historical changes. Previous studies have generally examined religious practices and local traditions separately, while comprehensive discussions on their dialectical relationship from the perspective of the anthropology of religion remain limited. This gap highlights the need for research that explains how religiosity and local traditions interact in constructing community values, identities, and social practices. This study aims to analyze the dialectics of religiosity and local traditions within the dynamics of community life from the perspective of the anthropology of religion. It further seeks to explain the processes of interaction, adaptation, negotiation, and transformation that occur between religious values and local traditions in society. Accordingly, this study is expected to provide a more comprehensive understanding of the relationship between religion, culture, and social change in community life. This research employs a qualitative approach using a library research method. The data were collected from scholarly sources, including books, journal articles, conference proceedings, and other relevant literature concerning religiosity, local traditions, the anthropology of religion, and community dynamics. Data were analyzed through identification, classification, reduction, interpretation, and synthesis of previous studies to generate a systematic understanding of the interaction between religiosity and local traditions. The findings reveal that religiosity and local traditions have a dialectical relationship that continuously shapes community life. Their interaction occurs through adaptation, negotiation, and transformation without eliminating the essential identity of either element. Local traditions function not only as cultural heritage but also as a medium for expressing and preserving religious values within society. Social change and technological development do not necessarily diminish local traditions; instead, they encourage the emergence of new forms of practice rooted in both religious and cultural values. The study concludes that the anthropology of religion provides a comprehensive analytical framework for understanding the interaction between religiosity and local traditions within community dynamics. This research contributes to the development of the anthropology of religion by offering a broader conceptual understanding of the interaction, adaptation, negotiation, and transformation between religion and culture as the foundation of social identity and community cohesion. Keywords: Religiosity; Local Tradition; Anthropology of Religion; Community Dynamics; Culture.
A Review of Islamic Economic Law on The Structure of the Samsarah Contract and Marketing Strategies at Propertindo Friday Agency Nabila Sakinah; Ali Aminulloh; Siti Ngainur Rohmah
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53302

Abstract

Marketing strategy is a series of business activities that include planning, pricing, promotion, and distribution of goods or services to meet consumer needs. In its implementation, marketing strategies should adhere to ethical principles and Islamic Economic Law to ensure that business activities are conducted in a lawful, fair, and sustainable manner. As a property agency located in Bekasi City, Propertindo Friday applies modern digital marketing to expand promotional reach and improve sales effectiveness. This study aims to analyze the practice of the samsarah (brokerage) contract between Propertindo Friday and PT Mulqi from the perspective of DSN-MUI Fatwa No. 151/DSN-MUI/VI/2022, as well as to examine the marketing strategies employed by Propertindo Friday in increasing property sales from the perspective of Islamic Economic Law. This research employs a descriptive qualitative method. The study utilizes two types of data sources: primary data obtained through observation and interviews, and secondary data obtained from books, journals, and legislation. Data were collected through observation, in-depth interviews, and documentation. To ensure data validity, the researcher applied source triangulation by verifying information through multiple data sources. The cooperative relationship between Propertindo Friday and the developer is established through a samsarah contract, which creates responsibilities for the agency to market properties professionally, honestly, and in accordance with the agreed terms. These responsibilities are implemented through the application of the marketing mix (4P) strategy, supported by digital media and TikTok live streaming as efficient and interactive promotional tools. From the perspective of Islamic Economic Law, these marketing practices reflect the values of honesty (sidq), communication (tabligh), and trustworthiness (amanah), both in the relationship between the agency and the developer and in services provided to consumers. Therefore, Propertindo Friday’s marketing strategy is aimed not only at increasing sales but also at maintaining business ethics and achieving blessings in accordance with Islamic principles. Keywords: Property, Samsarah, Marketing, Islamic Economic Law.
Prevention and Management of Sexual Violence in Higher Education Institutions from the Perspective of Maqāṣid al-Sharī‘ah: An analysis of Permendikbudristek No. 55 of 2024 Siti Nur Riani; Andri Gunawan; Siti Marhamah
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53374

Abstract

Sexual violence in higher education institutions has become an increasingly critical issue due to its far-reaching impacts on human rights, mental health, personal safety, and the continuity of victims’ education. This phenomenon not only disrupts the learning process and the implementation of the tridharma of higher education, but also creates an unsafe and unconducive academic environment that hinders the development of students’ and academics’ potential. In response to the complexity of various forms of violence occurring on university campuses, the Indonesian government enacted the Minister of Education, Culture, Research, and Technology Regulation No. 55 of 2024 concerning the Prevention and Management of Violence in Higher Education Institutions. This study aims to analyze the substance of this regulation from the perspective of maqāṣid al-sharī‘ah, particularly regarding the protection of human rights and dignity. The research employs a normative legal method using both statutory and conceptual approaches through library research. Data were collected from legislation, Islamic legal literature, books, and relevant scholarly publications. The findings indicate that Regulation No. 55 of 2024 is strongly aligned with the fundamental objectives of Islamic law, namely the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and human dignity (ḥifẓ al-‘irḍ). The regulation also adopts a victim-centered approach through prevention, reporting mechanisms, assistance, recovery services, and the establishment of Violence Prevention and Management Task Forces within higher education institutions. Therefore, the regulation not only possesses legitimacy within the national legal system but also accords with the principles of public welfare (maṣlaḥah) and the prevention of harm (daf‘ al-mafāsid) within the framework of maqāṣid al-sharī‘ah.
Parent-Child Conversations in the Perspective of Maqāṣidī Tafsir Andri Gunawan; Siti Nur Riani; Siti Marhamah
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53375

Abstract

This article aims to analyze the concept of parent-child conversations in the Qur'an through the perspective of Maqāṣidī Tafsir (objectives-based Qur'anic exegesis). Family communication serves as a primary instrument in character formation, the transmission of religious values, and the development of a child's personality. The Qur'an presents various models of dialogue between parents and children, particularly in the narratives of Luqman and his son, Prophet Ibrahim and Prophet Ismail, as well as the family dialogues of Prophet Ya'qub. This study employs a qualitative library research method using a maqāṣidī exegetical approach. The analysis focuses on Qur'anic verses that contain parent-child conversations by exploring the higher objectives (maqāṣid) embedded within them. The findings reveal that parent-child conversations in the Qur'an are not merely a means of conveying messages; rather, they function as a strategic instrument for safeguarding religion (ḥifẓ al-dīn), preserving life (ḥifẓ al-nafs), protecting intellect (ḥifẓ al-‘aql), maintaining lineage (ḥifẓ al-nasl), and fostering social morality. Qur'anic dialogues demonstrate communication patterns that are rational, compassionate, participatory, and oriented toward the realization of human well-being (maṣlaḥah). The maqāṣidī approach shows that family communication in Islam constitutes an integral part of the effort to nurture generations who are faithful, morally upright, and socially responsible.
Holistic Education in Character Building for Children in the Digital Era: A Maqasid al-Shariah Perspective Siti Marhamah; Andri Gunawan; Siti Nur Riani
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 13 No. 1 (2026): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53376

Abstract

The digital era has brought both opportunities and challenges to children's character development. Easy access to information, social media, and digital technologies offers significant benefits for learning processes; however, it also has the potential to contribute to moral degradation, identity crises, and weakened self-control among children. This article aims to analyze the concept of holistic education in shaping children's character in the digital age from the perspective of Maqasid al-Shariah. The study employs a library research method with a descriptive qualitative approach. The data were obtained from literature on holistic education, character education, child development, the digital era, and the theory of Maqasid al-Shariah. The findings indicate that holistic education grounded in Maqasid al-Shariah serves as an integrative paradigm for character formation through the protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-'aql), lineage (hifz al-nasl), and wealth (hifz al-mal). These five dimensions are highly relevant in addressing digital challenges such as the spread of harmful content, cyberbullying, gadget addiction, misinformation, and consumerist behavior. Holistic education based on Maqasid al-Shariah emphasizes a balance among intellectual, emotional, social, spiritual, and digital intelligences, thereby fostering a generation that is morally grounded, ethical, responsible, and capable of using technology wisely.

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