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Erwin Hikmatiar
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jurnal.salam@uinjkt.ac.id
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+6281282648901
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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 899 Documents
Positivism in the Civil Law System: A Philosophical and Practical Inquiry for Indonesia Muhamad Sirot; Zainal Arifin Hoessein
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 4 (2025)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i4.49974

Abstract

This article examines the role of legal positivism within the civil law system and its relevance to Indonesia's legal practice. Using a normative and literature review approach, this study highlights the philosophical foundations of positivism from Austin, Kelsen, and Hart, and analyzes its influence on the formalistic and legal certainty-oriented characteristics of civil law. Findings indicate that while positivism strengthens legal certainty, it often neglects substantive justice and social plurality. The article recommends an inclusive reinterpretation of positivism integrating justice and human rights values in Indonesia's legal context.   Keywords: Legal Positivism; Civil Law; Legal Certainty; Substantive Justice; Indonesian Law.
Measuring Fish Sustainability, Efficiency, Justice, and Capability in Community-Based Economic Development Amrizal Siagian; Zainal Arifin Hoesein
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 4 (2025)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i4.49975

Abstract

The development of Indonesia’s new capital city, Nusantara (IKN), is designed as a symbol of the nation’s economic and social transformation toward a sustainable, community-based city. However, the sustainability of this development cannot be assessed solely through economic growth, but also through the extent to which public policy ensures institutional efficiency, social justice, and human empowerment. This article proposes an integrative approach that combines Richard Posner’s theory of legal efficiency, John Rawls’s distributive justice, and Amartya Sen’s capability approach. Through conceptual analysis, the paper demonstrates that the sustainability of IKN depends on the synergy between efficient governance, equitable distribution of benefits, and the strengthening of citizens’ capabilities as agents of development. Efficiency without justice leads to social exclusion; justice without efficiency creates stagnation; and both, without capability, undermine the human meaning of development. Therefore, the integration of these three approaches is essential as an ethical and normative foundation to ensure that IKN becomes an inclusive, productive, and just city.
Indonesian Government Protection of Migrant Workers, Social Integration and Discrimination Issues Muhamad Hasyim; Zainal Arifin Hoesein
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 4 (2025)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i4.50049

Abstract

This paper examines the Indonesian government’s policy on migrant worker protection, its relation to social integrity in both origin and destination communities, and the discrimination issues experienced by Indonesian Migrant Workers (PMI). Using a qualitative document and literature review approach, this paper identifies policy gaps, forms of discrimination (interpersonal and institutional), and policy recommendations to strengthen protection and promote social integrity.
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.  
A Comparative Analysis of Waqf Sign Systems in the Indonesian Standard Braille Mushaf and the Madinah Braille Mushaf: An Application and Capability Approach Study at the Hikmah Mata Hati Foundation Abdul Rosyid; Inayah Mardhatillah
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 3 (2025)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v13i1.53204

Abstract

This study aims to conduct a comparative analysis of the waqf sign systems in the Indonesian Standard Braille Mushaf (MSB) and the Madinah Braille Mushaf (MBM), to examine their application in Braille Qur'an learning, and to evaluate their effectiveness through the lens of the capability approach. Employing a qualitative method with a comparative case study design, data were collected through observation, in-depth interviews, documentation studies, and limited trials at the Hikmah Mata Hati Foundation. The findings reveal that both mushafs share a fundamental functional similarity as tactile guides for waqf and ibtidā’ based on tajwid principles. However, significant differences exist in the quantity of signs, the Braille symbols employed, the presence of positional marker codes, and their underlying institutional standards. Users demonstrated adequate capability in recognizing and applying the waqf signs, which directly contributed to reading accuracy, fluency, comfort, comprehension of verse structure, and increased independence in reading the Braille Qur'an. Nevertheless, the dot marker code (3-6) system in the MSB was identified as potentially causing ambiguity, particularly with the lā waqfa fīh sign. It is concluded that both waqf sign systems are effective in facilitating reading capability, with their effectiveness highly dependent on the interplay between symbol design, learning processes, and user experience. Keywords: Waqf Signs, Standard Braille Mushaf, Madinah Braille Mushaf, Braille Qur'an, Capability Approach
Стратегическая Основа Исламского Популизма: Сравнительная Оценка Его Роли В Президентских Выборах В Индонезии В 2019 И 2024 Годах (THE STRATEGIC FABRIC OF ISLAMIC POPULISM: A COMPARATIVE ASSESSMENT OF ITS ROLE IN INDONESIA'S 2019 AND 2024 PRESIDENTIAL ELECTIONS) Rahmat Syahid Suraya; Dmitry Ivanovich Pobedash
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 2 (2025): Summer Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i2.53205

Abstract

This study examines the evolving role of Islamic populism in Indonesia’s 2019 and 2024 presidential elections, focusing on its strategic deployment and sociocultural implications. In the 2019 election, Islamic populism was characterized by confrontational narratives, portraying the Muslim community as the moral majority opposed to a corrupt elite. In contrast, the 2024 election saw a strategic moderation of Islamic populism, blending religious appeals with messages of national unity and pluralism. This paper argues that Islamic populism in Indonesia is not a rigid ideological movement but a flexible, strategic tool that adapts to changing political and societal dynamics. The study leverages a wide range of sources, including academic literature and data level Islamic Populism in Indonesia, to dissect their implications for Indonesia's political landscape. Through a qualitative comparative analysis, the study highlights the continuity and change in the deployment of Islamic populism and discusses its implications for Indonesia’s democratic resilience and Islamic social culture. The study concludes a discernible trend: successful candidates are those who skillfully merge Islamic values with a broader, pluralistic appeal and strategically align themselves with the incumbent president's supportive network. Keywords: Populism, Islam, Indonesia, Religious Identity, Presidential elections.
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

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