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SALAM: Jurnal Sosial dan Budaya Syar-i
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 23561459     EISSN : 26549050     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 880 Documents
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Stoning Law in The Perspective of Islamic Law: A Comparison of The Implementation of Stoning Law in Indonesia and Arab Countries Rijal, Ahlan Khoir Syah; Rohmah, Siti Ngainnur; Akmal, Najmuddin; Putri, Amelia Fajri; Fitri, Anisa
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45547

Abstract

This study explores the contextual interpretation of Islamic law within the framework of Arab countries and Indonesia, emphasizing the historical, social, and political factors that influence their legal systems. It highlights the complexities of implementing Islamic law, particularly concerning human rights and international legal standards. The research critiques the role of monarchies in Arab countries, where legal systems often reflect a blend of traditional Islamic principles and modern secular influences. The study also discusses the challenges these legal systems face in balancing religious mandates with contemporary human rights issues, as highlighted by various international organizations. The findings indicate that while Islamic law provides a fundamental legal framework, its application is significantly shaped by the socio-political context of each Arab country, leading to diverse interpretations and implementations of justice. This study concludes by advocating for a more nuanced understanding of Islamic law that considers both its religious roots and the modern legal landscape.Keywords: Islamic Law; Arab Countries; Human Rights; Legal System; International Law; Socio-Political Context
Evaluation of Education as a Tool for Improving Learning Quality to Empower the Younger Generation Husna, Faiqatul
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45555

Abstract

Quality education is key to empowering the younger generation and preparing them to face future challenges. However, current educational evaluation practices often prove ineffective in enhancing the quality of learning. Therefore, this research was conducted to explore the role of educational evaluation as a tool for improving learning quality. This study aims to identify the effectiveness of evaluation methods applied in schools and how they can enhance student engagement and learning outcomes. This research employs a mixed-methods approach, combining qualitative and quantitative methods. Data were collected through interviews with educators and students, classroom observations, and curriculum document analysis. The research population consists of educators and students from several secondary schools in Aceh.Principal Results: The findings indicate that many educators feel that the evaluation methods currently in use are not fully effective. Students also desire more varied and interactive evaluation methods. Additionally, there is a gap between evaluation results and curriculum improvement that needs to be addressed. The study concludes that effective educational evaluation must actively involve students and be integrated with the curriculum. Thus, evaluation should not only serve as a measurement tool but also as a means to enhance the quality of learning. This research provides new insights into the importance of student involvement in evaluation and the need for training for educators to implement better evaluation methods. The findings are expected to serve as a reference for policymakers and educators in designing more effective evaluation strategies.Keywords: Educational evaluation; learning quality; student engagement; evaluation methods; education
Free Nutritional Meals Program (Mbg) in Indonesia: Human Development according to an Islamic Perspective (Sharia Economic Review on Aspects of Insaniyah Development) Aji, Rizqon Halal Syah
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45560

Abstract

This study aims to analyze the Free Nutritious Meals (MBG) program from the scope of human capital development from an Islamic economic perspective. MBG, which was born from President Prabowo Subianto's government program, does not contradict Islamic teachings in the slightest. This is not only from an Islamic economic perspective but also from the spirit of implementing Pancasila values and the mandate of the 1945 Constitution. Moreover, world religions other than Islam also provide support for the MBG program according to their teachings, as do humanitarian institutions in the world. The research method used in this study is qualitative research with library research. With the accuracy of this methodology, its main focus is exploring the literature to provide strong reasons for theoretical and empirical facts. The results of this study confirm that the MBG program is under the principles of Islamic economics in Indonesia as outlined by the maqashid al-syariah taught by the Qur'an and strengthens the human capital development system (insaniah), especially Muslims who are in number the recipients of the tremendous benefits from the implementation of the program.Keywords: MBG; Indonesia; Human Capital; Islamic Economics; Maqashid al-Shariah
The Dynamics of the Application of Stoning Criminal Law from an Islamic Perspective in Indonesia and other Muslim Countries Setiawan, Rizal Ahmaludin; Rohmah, Siti Ngainnur; Al Munawar, Kholil; Almaarif, Azhar; Dewanti, Tri Mustika
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45640

Abstract

The stoning punishment, despite having a legal basis in Islam, sometimes sparks controversy as it clashes with modern values such as human rights and national constitutions. This study analyses the dynamics of implementing stoning as a criminal punishment from an Islamic perspective, particularly in Indonesia. It compares it with other Muslim-majority countries such as Saudi Arabia, Pakistan, and Malaysia. This research employs a qualitative method, examining literature in the form of scholarly articles, legal documents, and relevant books. The findings indicate that the enforcement of stoning as a criminal punishment, both in Indonesia and in other Muslim countries, has sparked significant debate and even international condemnation for allegedly violating human rights. At first glance, stoning may appear cruel, but behind this punishment lies a crucial lesson for society—it serves as a deterrent to prevent others from committing adultery. In different countries, the implementation of stoning laws varies depending on the legal system, social acceptance, and interpretations of Islamic law. In Indonesia, the stoning punishment is only enforced in the province of Aceh. The position of Islamic criminal law in Indonesia is influenced by the principle of Bhinneka Tunggal Ika (Unity in Diversity), which emphasises the nation's cultural and religious diversity. Consequently, the application of Islamic criminal law must align with the principles of democracy, human rights, justice, and national diversity.Keywords: Islamic Criminal Law; Stoning; Objectives of Sharia (Maqasid al-Syariah)
Analysis of the Legal Status of Foundations as Legal Entities in Indonesia Based on Law Number 28 of 2004 Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 1 (2025): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45674

Abstract

This study examines the legal status of foundations, the legal implications of foundation management exceeding its authority or failing to fulfill its duties, and the obstacles to enforcing the law against foundations that deviate from their obligations. The background of this study is based on the importance of foundations as non-profit legal entities in social, religious, and humanitarian activities. However, there are often deviations in management that are detrimental to the community and undermine the foundation's goals. The study employs a qualitative method, combining a literature-based approach with a normative legal approach. Data were obtained from a comprehensive literature study, encompassing legal literature, scientific journals, laws and regulations, as well as the opinions of legal experts. Law No. 28 of 2004 was analysed in a normative legal manner, focusing on the legal status of foundations and their legal implications. The results of the study indicate that Law No. 28 of 2004 provides legal protection for foundation assets, ensuring that they are used exclusively for social, religious, and humanitarian purposes. However, foundation management can be held personally liable if they abuse their authority or are negligent in their duties. The study also identified obstacles to enforcing the law against foundations that deviate, including weak government supervision, unclear authority between agencies, and a complex bureaucracy. This study emphasises the importance of strengthening effective regulation and oversight so that foundations can carry out their functions by the objectives of their establishment, providing legal certainty and optimal protection for both the community and the foundation itself.Keywords: Foundation; Legal Entity; Legal Status
Legal Implications on Social and Educational Activities Regarding the Change in The Position of Foundations in Law Number 28 of 2004 Aji, Ahmad Mukri; Yunus, Nur Rohim; Mukri, Syarifah Gustiawati
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 1 (2024): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i1.45678

Abstract

This study examines the legal implications of changes to the status of foundations as outlined in Law No. 28 of 2004, specifically regarding their social and educational activities in Indonesia. The purpose of this study is to analyse how changes in the status of foundations as legal entities affect their management, and to identify solutions that can optimise the role of foundations in the social and educational fields. This study employs a qualitative research method, incorporating a literature-based approach and legal analysis. Data were obtained from various sources, including scientific journals, legal literature, and relevant laws and regulations, which were analysed using a normative legal approach. The results of the study indicate that the changes regulated in Law No. 28 of 2004 provide a more substantial legal basis for foundations to carry out social and educational activities more accountably and transparently. However, there are challenges related to the management and supervision of foundations that must be faced, including the potential for abuse of authority by foundation administrators. This study suggests the need for strengthening regulations, more effective supervision, and the application of sound corporate governance principles to ensure that foundations play a maximum role in social and educational activities.Keywords: Legal Implications; Foundations; Social and Educational Activities: Changes in the Status of Foundations
Legal Analysis of Divorce Due to Domestic Disputes and Quarrels in Religious Court Decision Number 1426/Pdt.G/2024/PA.Krs Nasir, Muh; Aji, Aji
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 4 (2024): Winter Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i4.45682

Abstract

Marriage is the implementation of the constitutional rights of every citizen guaranteed by Article 28B Paragraph (1) of the 1945 Constitution concerning the right to form a family and continue the lineage through a legal marriage. In addition, Article 28D Paragraph (1) affirms the right of every individual to obtain recognition, guarantees, protection, and fair legal certainty and equal treatment before the law. In this context, marriage is regulated by Law Number 1 of 1974 concerning Marriage which affirms that marriage aims to form a happy and eternal family based on the Almighty God. However, in practice, not all marriages run harmoniously and many end in divorce due to prolonged disputes and quarrels.This study aims to analyze the legal aspects of divorce due to disputes and quarrels in the household based on the Decision of the Religious Court Number 1426/Pdt.G/2024/PA.Krs. The research method used is normative juridical, with a statutory approach and analysis of court decisions to understand the legal basis, trial process, and judges' considerations in deciding divorce cases.The results of the study indicate that the divorce in this case was caused by household disharmony that continued since April 2016 until its peak in January 2017, which culminated in a divorce petition by the plaintiff. The court decided the divorce by granting iddah, mut'ah, and child support to the entitled party. This case emphasizes the importance of strengthening the mediation mechanism in the divorce process so that dispute resolution can be achieved peacefully before entering the court realm. Keywords: Dispute, Divorce, Quarrel.
Legal Analysis of the Implementation of Maritime Crimes Based on Law Number 17 of 2008 Concerning Maritime Affairs Junaedi, Junaedi; Ali, Muhammad
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 3 (2024): Autum Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i3.45683

Abstract

Law is a series of regulations and norms that govern society to create order and justice in national life. However, not all individuals are willing to comply with applicable legal regulations; therefore, effective law enforcement is necessary to ensure compliance with these regulations. In the context of shipping, law plays a crucial role in maintaining the security, safety, and protection of the maritime environment, as stipulated in Law Number 17 of 2008 concerning Shipping. Violations in the field of shipping, such as operating ships without meeting safety standards, compromising security, and failing to protect the maritime environment, can threaten human safety, environmental sustainability, and naval security stability.This study aims to analyse the application of law to perpetrators of shipping crimes based on Law Number 17 of 2008 concerning Shipping, and to identify factors that influence the occurrence of violations in ship operations. The research method used is a normative juridical approach, which focuses on the study of the application of positive legal norms in enforcing criminal law in the shipping sector.The results of the study indicate that law enforcement against maritime crimes has not been optimal due to several factors, including low legal awareness, weak supervision and enforcement, and economic interests that often prioritize financial gain over safety and environmental protection. Increased legal awareness, stricter supervision, and firm law enforcement are necessary to ensure that perpetrators of maritime crimes are subject to effective legal sanctions, thereby providing a deterrent effect.Keywords: Crime, Shipping, Perpetrators.
A Criminological Review of Individuals Involved in Collective Crimes of Handling Nasir, Muh; Aminah, Sitti
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 2 (2024): Summer Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v11i2.45684

Abstract

The crime of receiving money, especially when committed collectively, has a profound impact on the economic and social stability of society. This crime includes receiving, purchasing, or concealing the proceeds of a crime and often involves multiple individuals with various roles in the collective action. In the context of law enforcement, proving the involvement of individuals in the crime of receiving money is a significant challenge, so a coordinated strategy is necessary among the police, prosecutors, and courts to ensure that justice is upheld effectively.This study aims to examine the enforcement of criminal law against individuals involved in the crime of receiving stolen money and to analyse effective strategies for handling such cases. The research method employed is a normative legal approach, studying the application of criminal law norms in cases involving the receipt of money and the role of law enforcement agencies in the investigation and prosecution process.The results of the study indicate that law enforcement against the crime of receiving money requires solid and integrated coordination between law enforcement agencies. Strengthening the capacity of law enforcement officers, utilising information technology, and reforming legal policies are important steps in increasing the effectiveness of handling cases of money laundering. Additionally, increasing public legal awareness and protecting crime victims are integral components of this crime prevention strategy.Keywords: Handling, Law Enforcement, Crime.
Legal Analysis of the Rehabilitation Decision for Narcotics Abusers in District Court Decision Number 43/Pid.Sus/2022/PN Jkt.Brt Rochman, Arif; Setiawan, Herman
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 11 No. 1 (2024): Spring Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45685

Abstract

Drug abuse has a disturbing impact on society and is a serious concern in efforts to combat illicit drug trafficking in Indonesia. Drug addicts are victims who require special treatment through rehabilitation, as regulated in laws and regulations. In this context, the authority of judges to decide on rehabilitation for drug addicts is interesting to study.This study aims to analyze the legal regulations on rehabilitation for drug addicts and the basis for the considerations of the Panel of Judges in issuing a rehabilitation decision in the District Court Decision Number 43/Pid.Sus/2022/PN Jkt.Brt. The research method used is normative juridical, with a focus on the application of positive legal norms in the case.The results of the study show that the legal regulations on rehabilitation for drug addicts are regulated in Article 1, number 16 of Law No. 35 of 2009 concerning Narcotics. Medical rehabilitation is carried out in hospitals appointed by the government or private hospitals that have obtained permission from the Minister of Health. The Panel of Judges in Decision Number 43/Pid.Sus/2022/PN Jkt.Brt based its considerations on TAT Recommendation Number R/64/X/TAT/2021/BNNP dated October 21, 2021, on behalf of the defendant Thomas Sondegau, ST, which stipulated four months of outpatient rehabilitation at the BNNP DKI Jakarta. This consideration also refers to Article 54 of the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, which requires drug addicts to undergo medical and social rehabilitation.Keywords: Rehabilitation, Drug Addicts, Narcotics

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