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INDONESIA
Nurani: Jurnal Kajian Syariah dan Masyarakat
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
NURANI merupakan jurnal kajian syari'ah dan masyarakat yang diterbitkan oleh Fakultas Syari'ah Universitas Islam Negeri (UIN) Raden Fatah Palembang. Jurnal NURANI terbit dua kali dalam setahun yaitu bulan Juni dan Desember. Jurnal NURANI pertama kali terbit pada tahun 2001 dengan Surat Keputurusan Rektor IAIN Raden Fatah. Pengelola menyambut baik kontribusi dalam bentuk artikel dari para ilmuwan, sarjana, professional, dan peneliti dalam disiplin syari'ah dan kemasyarakatan untuk dipublikasikan dan disebarluaskan setelah melalui mekanisme seleksi naskah, telaah mitra bebestari, dan proses penyuntingan. Besar harapan kami, artikel-artikel yang terbitkan oleh Jurnal NURANI dapat memberikan kontribusi yang nyata dan berdampak secara luas pada perubahan paradigma positif mengenai syari'ah dan kemasyarakatan. Jurnal NURANI melakukan publikasi karya ilmiah berpegang teguh pada nilai-nilai dan etika publikasi ilmiah serta seluruh proses didalamnya dikelola secara profesional dan akuntabel. Jurnal NURANI berkomitmen akan memberikan sanksi secara tegas apabila selama proses publikasi terdapat hal-hal yang menyalahi aturan dalam etika publikasi serta norma-norma akademik.
Arjuna Subject : -
Articles 279 Documents
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Implementation of Taukil Wali at the KUA of Jati District, Kudus Regency from the Perspective of Minister of Religious Affairs Regulation Number 20 of 2019 Zahro, Almadatus Saekhatus; Rahma, Nabila Luthvita
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19508

Abstract

The role of the guardian in marriage is an important pillar that must be fulfilled. In the event that the guardian is unable to attend the ceremony, representation can be made by the Head of the Sub-district KUA or Penghulu. The practice of "taukil wali" in Jati Sub-district is quite common, sometimes for justifiable reasons and sometimes without valid reasons. This research aims to explore the implementation of "taukil wali" in the KUA of Jati Sub-district in accordance with the Regulation of the Minister of Religious Affairs Number 20 of 2019. This research takes a Juridical Empirical approach, involving fieldwork to collect data on the application of "taukil wali" in the jurisdiction of KUA Jati, analyzed based on PMA Number 20 of 2019. The findings show that the application of "taukil wali" in KUA Jati is in accordance with the regulation. However, there are consequences that must be considered if the appointed guardian is not valid. Among them is the potential annulment of the marriage, which results in the absence of legal rights and obligations for the parties involved and the possibility of legal action. Even if the nasab guardian does not know the condition of the prospective bride, taukil wali is still carried out using taukil wali bil kitabah, in accordance with the provisions of PMA Number 20 of 2019.
Al-Maslahat and Development of Islamic Law SA, Romli; Zuraidah, Zuraidah
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19691

Abstract

The Topic of this article/research is “Al-Maslahat And Development of Islamic Law”. There are three main problems which is attractive to elaborate in this article, namely; First, How are the essence and existence of al-Maslahat? Second, How is the al-Maslahat become a basic for development of Islamic law? And the third, How is the function and position of al-Maslahat for Islamic law product? Talking about Al-Maslahat is one object and very attractive in study of Islamic law theory. And it is important part that related with the Maqashid al-Syari’ah. The method that used in this writing/research is “The al-Tasyri’-methode by using “Istishlahiy approach”. Many of Muslims Scholars or the Experts of Regulation of Islamic jurisprudence-wheather at classic era or nowadays—are talking about the existence and position al-Maslahat in Islamic law regulation by using Istishlahiy approach. According to the experts of Islamic Jurisprudence, al-Maslahat can be used as the cause or ratio legis (al-‘Illat) in determining Islamic law regulation. And sometimes, al-Maslahat often called by al-Istidlal, namely logic argumentation or logical reasoning. Through this article/research, we found that al-Maslahat, beside it is functioned as part of method In Islamic law theory but it is also used to develop Islamic law it self. And al-Maslahat is used very widest in determining and development of Islamic law, especially concerning with the contemporary issues. So Imam Malik ever said that where ever you get advantageous and it is not contrary with the content of al-Quran wa al---Sunnah, that is al-Syari’ah (Islamic law).
Legal Standing and Organization's Right to Sue in Cases of Onrechtmatige Overheidsdaad (Unlawful Government Acts) After the Implementation of Law No. 30 of 2014 Andriana, Desmilia Eka; Fadli, Moh.; Negara, Tunggul Anshari Setia; Permadi, Iwan
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19831

Abstract

The government as a legal subject that has the authority to carry out legal acts can actually be tested whether there is no authority approved by the State Administrative Court. This trial can of course be triggered by demands from certain parties who feel disadvantaged by the Government's actions. This research will examine the legal position and right to sue an organization in the Onrechtmatige Overheidsdaad Dispute. This research is normative juridical legal research. This research analyzes the legal position and right to sue the community regarding the defense of the Onrechtmatige Overheidsdaad. The research results concluded three things; First, organizations have sufficient requirements to file a lawsuit because their right to sue is regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (UU 32/2009), and other regulations. Second, UUAP No. 30 of 2016 also regulates the authority to decide whether or not there are elements of authority exercised by Government Officials. This means that Law Number 30 of 2014 provides space for the public to file a lawsuit if there is a rejection of a permit permitted by the government. Third, there is a need to add the word 'organization' and add 'organizational requirements for filing a lawsuit' in UUAP No. 30 of 2014 explicitly.
The Wage System Practices of Rubber Tappers in the Study of Sharia Economic Law HAK, Nurmala; Jannah, Miftahul
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19909

Abstract

Every transaction should be conducted in writing to avoid disputes in the future. However, many still engage in verbal transactions based on trust and honesty, as seen in the wage system for rubber tappers in Betung Village. The main focus of this research is to examine the implementation of the wage system for rubber tappers in Betung II Village. The research objective is to assess the wage system for rubber tappers in Betung II Village from the perspective of Sharia Economic Law. The research methodology used is field research, conducted directly in the field, specifically in Betung II Village, Lubuk Keliat District, Ogan Ilir Regency. The research utilizes qualitative data with both primary and secondary sources. Data collection techniques include observation, interviews, and documentation. Data is analyzed using qualitative descriptive techniques. The findings reveal that the wage system for rubber tappers in Betung II Village is divided into two methods: a flat-rate system and a percentage system. Both systems begin with verbal agreements between the landowner and the rubber tapper, without witnesses. To date, no disputes have arisen among the parties. In Sharia Economic Law, this system fulfills the pillars and conditions of ijarah. The determination of wages also aligns with the principles of feasibility and virtue, except for the principle of justice. In the context of Sharia Economic Law, this study falls under istihsan bi al-urf, meaning istihsan based on customary practices.
Local Wisdom Becomes the Commander in Criminal Resolution Andriyani, Andriyani; Dewi, Rusmala
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19935

Abstract

Settlement of criminal cases through peaceful means is highly recommended, especially in minor criminal cases. This is important so that cases do not accumulate. This method is widely applied in customary law which prioritizes restorative justice. However, not all customs that exist in society can be accepted by Islamic law. Therefore, this research conducted a study of the "tepung tawar" custom that exists in the Ibul Village community. The research uses a qualitative type with a field research model. The data processed consists of primary, secondary and tertiary data. The research was conducted in Ibul Village, Belida Darat subdistrict. The results of the research reveal that in the tepung tawar tradition there is a very high element of forgiveness. This aims to ensure that there are no grudges between the disputing parties, so that they can continue to live peacefully side by side in society. In the Ibul village community, it is customary for "tepung tawar" to be the commander-in-chief in resolving criminal cases of abuse. There are no elements that conflict with Islamic law in this customary practice, so the "tepung tawar" custom is included in the al-‘urf al-shahihah category so it can be accepted as a legal basis.
Indonesian Crimmigration Law: Critics of Immigration’s Law Enforcement Towards Illegal Expatriate Workers as The Impacts of Pro-Investment Policy Hasmiati, Rahmatullah Ayu; Ardha, Dea Justicia; Priyambada, Galih; Gumilang, Arvin; Derei, Daniël
Nurani Vol 24 No 1 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i1.19953

Abstract

This study examines the characteristics of Crimmigration law in Indonesia and the use of the concept of law enforcement towards illegal foreign labor. This research is doctrinal research using inductive-deductive logic using library materials. The data was then analyzed using qualitative methods. The results showed that First, the characteristics of Crimmigration Law in Indonesia, can be seen from the selective policy used to select the foreigners who will enter into Indonesian Authority and the penal sanction which rooted in the Immigration regulations and Indonesian Law. The end of law enforcement toward the defendant is imprisonment and deportation. Second, the implementation of the Crimmigration law toward illegal foreign workers in Indonesia only uses immigration regulation without regard to labor regulations. Third, the enforcement-only focuses on residential permit abuse and sentencing for minimum punishment, not the working permit or doing an illegal activity such as illegal labor. Hence, critics emerge to urge the legal review of the related regulation with Crimmigration to achieve the main purpose of the law itself, law must be the first indicator to control people’s behavior as an Allien in foreign and the possible offenses threats can be reduced significantly.
Unraveling the Legal Labyrinth: An In-depth Review of Domestic Violence Regulation in Indonesia Rohaya, Nizla; Suartini; Mohammad; Prosper Maguchu; Gufroni
Nurani Vol 24 No 1 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i1.20011

Abstract

Domestic violence cases continue to increase every year, due to factors such as economic problems, fatigue due to traffic congestion, increasing life demands, and many other factors. Nowadays, news about domestic violence incidents is increasingly common. To date, Indonesia has four laws and regulations governing domestic violence. However, the existence of these four laws and regulations has created a new problem, namely over-regulation or excessive regulation which has caused several negative impacts which are the subject of discussion in this paper.   The research method used in this research is qualitative through normative legal research. The data obtained is analyzed using a conceptual approach to understand the concept of domestic violence in four different laws and regulations in Indonesia. This research focuses on the harmony of norms and ideas of domestic violence in Indonesian law. The purpose of this research is to find a conception to simplify the regulations governing domestic violence in Indonesia by unifying the four regulations above. Based on the results and discussion, the author provides recommendations in terms of streamlining regulations related to domestic violence.  Simplification of regulations is needed to help reduce barriers in handling domestic violence, increase protection for victims, and support prevention efforts. Therefore, it is important to involve stakeholders, legal experts, human rights activists, and other communities in designing changes to domestic violence laws to make them more effective.
Artificial Intelligence and the Law: The Use of Artificial Intelligence as a Tool to Assist Judges in Deciding Polygamy Cases Maliki, Ibnu Akbar; Ali, Zezen Zainul; Khusaini, Muhammad
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.20152

Abstract

This research aims to discuss the relationship between Artificial Intelligence (AI) and law. The emergence of the idea of using AI as a tool to analyse judges' decisions has generated mixed responses. On the one hand, the use of AI can be used as a tool to objectively ensure legal certainty, but on the other hand the use of AI can displace the legal supremacy of judges in court. This attracts the author's attention to examine the use of AI in analysing legal cases and as a consideration for judges in deciding polygamy cases. Polygamy itself is a very complex case in court. Judges' considerations in deciding polygamy cases do not only consider procedural aspects, but also involve substantial aspects related to the cumulative and alternative conditions of polygamy. As a chatbot-based platform, AI certainly has limited access in analysing the legal complexity in polygamy cases. This research focuses on the analysis of AI in analysing polygamy cases both in terms of legal basis and justice. This research method is normative with a conceptual legal approach, data is obtained by netnography using the ChatGPT/OpenAi platform and analysed using the content analysis method. The results showed that there were two aspects that were considered by the judge in the AI version of the polygamy case. First, the juridical aspect which is based on the polygamy provisions in the Compilation of Islamic Law. The second aspect is the social aspect based on gender justice. In addition to presenting the essence of several laws and regulations, AI also provides complex social analyses with a gender justice perspective with simple and straightforward sentences. However, this does not mean that AI can be an absolute and stand-alone consideration in polygamy licence cases. AI is only a complement that makes it easier for judges to analyse cases. This is because the judge's involvement in cognitive and psychological aspects is still needed in interacting with litigants in court.
Characteristics of Legal Science as Sui Generis Syadzwina, Dhifa Nadhira; Octavianus, Dwi Caesar; Amrullah, M. Arief; Setyawan, Fendi; Subhan, Ahmad
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.20165

Abstract

Philosophy is a process of reasoning in thinking to make a conclusion to gain knowledge, because humans are thinking creatures, every attitude and action must come from knowledge based on the thinking process. Until now, the position of legal science is still debated because law is perspective and normative, the characteristics of legal science are doubtful in social science or humanities because it has its own characteristics, called sui generis. This research aims to examine the characteristics of legal science as sui generis from the perspective of the philosophy of science. The research method uses normative juridical with secondary data analysis that is related with the problem in a descriptive-qualitative with a philosophy of science perspective. The results showed that the parameters of sui generis can be seen from the perspective of normative science, terminology in a broad and narrow sense, the type and scope of knowledge in normative science and empirical science, also layers of legal science in the form of legal dogmatics, legal theory, and legal philosophy law. Legal science need to understand the history of development of law as the key to identifying sui generis characteristics through analysis of legal theory, legal concepts, and legal principles philosophically in certain conceptual viewpoints as fundamental to legal science, apart from that, legal research is also needed.
Development Of Employment Of Zakat And Waqf For Remote Communities: The Case Of The Al-Qur'an Waqf Board Tiswarni, Tiswarni; Jalal, Afifah; Hadi, Sutrisno
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.20331

Abstract

This paper discusses the development of utilization of zakat and waqf funds managed by the Al-Qur'an Waqf Agency (BWA) in order to help the community, especially on remote islands and remote areas during a pandemic. The purpose of this paper was to get an overview of the development of forms of utilization of zakat and waqf funds by BWA in helping the community. This paper belonged to the field of research on Islamic law and social institutions with a qualitative type of research. Data was collected through interviews and documentation, and analyzed using descriptive analysis. The results of the study stated that BWA developed forms of utilization of zakat and waqf in the health, religious and socio-economic sectors, by creating the Against Covid-19 Strengthen Indonesia program. The old programs were still a priority, such as several waqf programs and Peer to Peer Zakat. The conclusion of this paper was that the development carried out by BWA in utilizing zakat and waqf was carried out by analyzing the current pandemic situation. They remain focused on the old program while opening humanitarian services for people affected by Covid-19 on remote and inland islands.

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