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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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Criminal Careers and Drug Abuse Among Adolescents in Indonesia Latif, Syahrul Akmal; Som, Ahmad Puad Mat; Novarizal, Riky
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.v24i1.22276

Abstract

The engagement of adolescents in drug abuse cases is a complex process that requires explanation and reflection. This study aims to explain the criminal careers of adolescents engaged in drug abuse. Such inclinations are often overlooked in studies concerning adolescent involvement in drug abuse cases in Indonesia. In addition to addressing the inadequacies of prior research, this study aims to expound the criminal careers of adolescents involved in drug abuse cases in Indonesia. This is a descriptive qualitative study that utilizes primary and secondary data. The study's findings highlight three important situations of adolescents' criminal careers in drug abuse cases. Firstly, the initial phase of adolescent drug abuse is precipitated by experimentation, peer influence, and a curiosity about drugs. Secondly, active drug abuse among adolescents manifests in various forms such as users, abusers, and addicts. Lastly, active participation in drug abuse among adolescents leads to a progression in behavior from from users to dealers, users to sellers, and addicts to dealers. This study also emphasizes the need to explain the perceptions and motivations of adolescents who engage in drug abuse cases to acquire a better understanding of their conduct.
Unveiling the Enigma: Exploring Regulated Marriage Age Limits from the Lens of Maslahah Mursalah Abdullah, Zaitun; Putri Ayu Maharani
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.v24i1.22370

Abstract

The purpose of this research is to ensure that the principle of maslahah mursalah should serve as the foundation for the formation of Islamic Law in terms of regulating changes that occur in society. The Indonesian government recently revised the minimum age for a woman to marry from 16 to 19 years.  This inevitably gives rise to new complications in society, as can be seen from the large number of requests for marriage dispensations submitted to the Syariah Courts. This complication arises because if the marriage continues to be carried out under age then the marriage will become invalid. The emergence of a new regulation that regulates the age limit for a person to enter into a marriage has given rise to the author's enigma about whether it is in accordance with the concept of presenting maslahah mursalah in society or vice versa? To address the  issues that arise, researchers use the data collection method employed in this research is the interpretative understanding constructivist approach with a phenomenological framework, primary data obtained in the Babelan, Bekasi. While secondary data were derived from the examination of ten Syariah Court Judges' rulings on underage marriage petitions and existing literature. The conclusion of this research is that the implementation of the Marriage Law which regulates the age limit for marriage is considered to have not been able to reduce the number of underage marriages. In terms of implementing these rules it is very weak and does not provide any benefits (maslahah mursalah) for the community, because the government was not serious about carrying out socialization about this matter. Consequently, this regulation falls short in safeguarding the community's welfare.
Reconstruction of Sharia Economic Procedural Law in Indonesia and Comparison of Sharia Economic Cases in Malaysia and Indonesia Basir, Cik; Emirzon, Joni; Syaifuddin, Muhammad; Hasan, Sofyan
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.v24i1.22625

Abstract

Sharia economy is a subsystem of the national economic system. As an economic system with distinctive Sharia principles, which is an integral part of the national economic system, it should have regulations that can provide appropriate legal certainty for the community. However, this study highlights several weaknesses related to the regulations governing the resolution of Sharia economic procedural law, including the limitations of Supreme Court Regulation (Perma) Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases and the pluralistic nature of Sharia economic procedural law sources. The aim of this research is to analyze the weaknesses in the resolution of Sharia economic procedural law, leading to disparities in the pursuit of justice by individuals in Religious Courts. This normative problem demands a reconstruction of Sharia economic procedural law to align it with Sharia principles and the values embodied in Pancasila. Furthermore, this study will compare the Sharia economic procedural law in Malaysia, which adheres to the principle of persons professing the religion of Islam, in the resolution of Sharia economic cases. The legal research method used is normative juridical, thus this research analyzes based on three aspects: philosophical, juridical, and sociological, to identify the urgency of legal reform of Perma Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases. The findings of this research recommend a judicial review of Perma Number 14 of 2016 to build a Sharia economic procedural law derived from Islamic law and capable of providing legal certainty in all aspects of Sharia economic cases.
Political Law of Electronic System Implementation in Indonesia A.E. Isfihani; Izomiddin; Antasari, Rr. Rina; Muhammad Sadi Is
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.v24i1.22672

Abstract

In a rapidly evolving digital landscape, understanding the legal and political dimensions of electronic system regulation is critical to facilitating responsible, transparent, and effective governance. This research aims to explore the legal politics of implementing electronic systems in Indonesia. This regulation is crucial in the context of modern governance, as it deals with the operation and management of electronic systems, a significant aspect in contemporary society. This study examines legal aspects, assessing the compliance of Regulation No. 05/2020 with existing legislation and international standards, while also exploring its practical implications. These regulations address issues such as data protection, cybersecurity, and the role of electronic systems in public administration, requiring a careful analysis of their legal power and effectiveness. Additionally, the study investigates the political dimension of regulation, considering its implications for governance and democracy. It examines the potential impact of these regulations on citizens' rights, government control, and transparency in the digital age, focusing on how these regulations affect political power dynamics and civic engagement. Therefore, the study concludes by highlighting the importance of Regulation No. 05/2020 and emphasizing the need for a balanced approach that ensures legal compliance and political integrity, while also encouraging the growth and development of electronic systems within legal and political frameworks.
Enhancing Beauty with Botox: A Maqasid al-Shari'ah Perspective Rahma Hanim Azzahra; Qurrota A’yun; Musyafa'ah, Nur Lailatul; Gatralina Sekar Harum Ael Yanda
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.v24i1.22896

Abstract

Many women employ various methods to enhance their beauty and attractiveness, with Botox being a popular choice. Consequently, numerous beauty clinics now offer Botox therapy, despite its potential side effects. This article aims to explore Botox therapy for beauty from the perspective of maqasid al-shari’ah. The study was conducted at a beauty clinic (referred to as XD) using field research methods, including interviews and literature review. Data were analyzed descriptively through the lens of maqasid al-shari’ah. The study found that Botox therapy at the XD clinic is used to address health issues, particularly those related to muscle failure. Additionally, it is utilized for aesthetic purposes, such as reducing facial wrinkles. However, frequent or improperly performed Botox treatments can pose risks to patients. From the perspective of maqasid al-shari’ah, Botox use is closely linked to the preservation of life (hifz al-nafs). Thus, Botox can be considered permissible (mubah), especially for medical reasons. For purely cosmetic purposes without medical necessity, it is deemed undesirable (makruh). It is crucial that Botox procedures are performed by qualified professionals.
Juridical Analysis of Forestry Criminal Law Enforcement by Corporations in Environmental Fiqh Framework Mangkunegara, RM. Armaya
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.v24i1.23115

Abstract

The application of the precautionary principle in enforcing forestry law in Indonesia is a very important principle for protecting forests and the environment. This precautionary principle emphasizes efforts to prevent environmental damage and avoid irreversible risks. This research aims to analyze the application of the Precautionary Principle in Forestry Criminal Law Enforcement carried out by Corporations from the perspective of juridical jurisprudence and the environment. This research employs normative legal methods using various approaches, including the environmental fiqh approach, statutory approach, conceptual approach, case approach, and comparative approach. Implementation of the Precautionary Principle in the context of forestry crime cases involving corporations can be realized through the application of the principle of strict responsibility. The government has issued Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction (P3H) as a step to improve Law Number 41 of 1999 concerning Forestry. Judges who handle cases against companies that violate Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction (P3H) must consider the existing situation and conditions, taking into account the level of damage that has occurred and the impact of forest damage caused by the corporation. From an environmental fiqh perspective, the precautionary principle is in line with the concept of preserving nature (hifz al-bi'ah) which is part of maqasid al-shariah (goals of sharia). This research suggests increasing the capacity of law enforcement through training and outreach regarding the precautionary principle, as well as closer integration between positive law and environmental fiqh values ​​within the framework of forestry criminal law.
Islamic Law and Human Rights: Convergence or Conflict? Zumiyati Sanu Ibrahim; Karimullah, Suud Sarim; Sulastri; Yavuz Gönan; Hüseyin Okur
Nurani Vol 24 No 2 (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.v24i2.19595

Abstract

The background of this study is rooted in the significance of human rights as a universal principle, which often faces challenges when applied within the context of Islamic law. The main issue is the incompatibility between some practices of Islamic law and the principles of human rights, which raises the question of how these two legal systems can interact without compromising their fundamental values. This study aims to explore the relationship between Islamic law and human rights, understand the challenges arising from differences in interpretation and implementation, and offer solutions to bridge these differences. This study uses a qualitative method combining text analysis, literature, and secondary data better to understand the concept of human rights in Islam and identify areas of potential conflict. The results show that the relationship between Islamic law and human rights is complex, where potential conflicts and convergence efforts coexist. Despite potential conflicts, the values of justice, equality, and human dignity in Islam align with Human Rights principles. However, differences in interpretation and implementation of the law can be a significant source of tension. This study highlights the importance of an approach rooted in cross-cultural and religious dialogue, as well as respect for diversity, to achieve a more harmonious convergence between Islamic law and universal human rights.
The Link Between Hate Speech and Terrorism: A Critical Analysis of Indonesia’s Legal Framework Alhakim, Abdurrakhman; Situmeang, Ampuan; Tan, David; Febriyani, Emiliya
Nurani Vol 24 No 2 (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.v24i2.22058

Abstract

Hate speech and terrorism are two forms of crime that are similar in their discriminatory nature. The efforts to address these crimes are of significant importance, as they starkly contrast with the values that Indonesia holds dear and present serious threats to its multicultural society. This study aims to explore the correlation between hate speech and terrorism and to explain how this correlation may assist in the development of a legal framework that better addresses both issues. The research employed a normative legal approach to analyze the existing positive laws regarding hate speech and terrorism, aiming to identify correlations between the two. This normative legal research utilized a combined statutory approach, employing primary law sources as secondary data. The analysis revealed normative issues within the Indonesian legal framework that restrict the criminalization of offenses that fall between the legal definitions of hate speech and terrorism. These issues need to be addressed as an important step in Indonesia’s legal development to realize a safe society for all Indonesians.
ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law Muslim, Shohib; Hadiwinata, Khrisna; Khoirunnisa, Rizqi; Hadiyantina, Shinta; Amin Ayub, Zainal
Nurani Vol 24 No 2 (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.v24i2.22152

Abstract

The International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state's ability to safeguard its inhabitants, particularly those who work overseas, so that they can be treated with the respect and dignity befitting human beings. The private sector, represented by PTKIS, is given broad responsibilities by Law Number 18 of 2017 concerning the placement and protection of Indonesian workers abroad. However, Chapter VI of the law provides protection only during placement and does not include a comprehensive protection system. This study employs normative legal research using both a concept and statutory approaches. The study concludes that significant changes are required, including giving the government more authority to place and protect migrant workers. Up to now, there has been no clear definition of the extent or boundaries of this authority. It remains challenging to apply the development of legal frameworks and protections for migrant workers in line with the labour rights principles outlined in the ILO convention on the protection of all migratory workers to the issues encountered by workers overseas. The protection of migrant workers is frequently implemented in a fragmented and unsustainable way.
Resolving Village Head Election Disputes: Legal Pathways in State Administrative Courts Firdaus Arifin; Ihsanul Maarif; A, Rika Kurniasari; M. Nabiel Fadlilah
Nurani Vol 24 No 2 (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.v24i2.23116

Abstract

 This research examines the legal certainty surrounding the time limits for resolving disputes over the results of Village Head elections through the State Administrative Court. The absence of clear regulations on the deadlines and mechanisms for addressing these disputes has led to various issues, including legal uncertainty, inequality in treatment, and perceptions of injustice among stakeholders. To address these concerns, this study adopts a normative juridical approach, relying on an extensive literature review of legal principles, norms, doctrines, and regulations. The findings reveal that disputes regarding Village Head election results must be submitted within three days of receiving notification or a formal decision from the Regent or Mayor. The State Administrative Court (PTUN) is then required to issue a ruling within 14 working days from the date the case is officially recorded in the case register. Moreover, the court’s decisions are final and binding, meaning no further legal actions or appeals are permitted. This process ensures that disputes arising from Village Head elections are resolved definitively and conclusively, providing a legally certain outcome while upholding the principles of justice and fairness in election-related matters.

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