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Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Published by Universitas Islam Negeri Siber Syekh Nurjati Cirebon
ISSN : 23032669     EISSN : 25489631     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Journal INKLUSIF is a journal organized by Department of Syari’ah, Post Graduate Programe Syekh Nurjati State Islamic University. It only publishes original papers (no plagiarism) of literature and field research related to the Study and Research of Economics and Islamic Law. It focuses on the theme and topic of Islamic law: Islamic Criminal Law; Islamic Civil Law; Islamic Family Law; Application of Islamic Law in Indonesia; Islamic Economics; Islamic Banking, Sharia Accounting; and Issues of Contemporary Islamic Economics.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 10, No 1 (2025): June 2025" : 7 Documents clear
Environmental Law Enforcement Based on Law Number 32 Of 2009 and the Challenges of the Industrial Revolution 4.0 Yonnawati, Yonnawati
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v1i10.20212

Abstract

Law functions to protect various human interests and is implemented in both peaceful conditions and when violations occur. The decline in environmental quality due to the exploitation of natural resources is often justified in the name of people's welfare. This condition raises demands for effective environmental law enforcement amid the challenges of the Industrial Revolution 4.0. This research aims to analyze the impact of pollution and weak law enforcement, as well as examine the role of technology in improving legal effectiveness and formulating adaptive regulatory strategies in the digital era. This research employs a qualitative-descriptive approach, utilizing a library research method and inductive-deductive analysis, informed by various literature sources. The effectiveness of environmental law depends on fundamental principles, the application of technology, and collaborative law enforcement. Digital technology and industrial automation can strengthen the monitoring and transparency of ecological law if developed with an inclusive and fair approach. Law No. 32/2009 remains relevant, but requires adaptive policies. Keywords: Environmental Law, Industry 4.0, Revolution
A Comparison of Domestic Violence Settlement from the Perspective of Islamic Law and Positive Law in Indonesia Andriyani, Yani; Fansuri, Hamzah
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20032

Abstract

The numerous cases of household violence in Indonesia suggest that the state still has significant work to do in addressing it. Despite having its claim laws, it appears that their execution still has deficiencies. The purpose of this paper is to examine how Islamic Law and Positive Law in Indonesia compare to Domestic Violence. A qualitative method with a normative approach is employed in this research. The research results show that the sanctions prescribed in Islamic law are based on the application of takzir, qishash, and diat. Meanwhile, positive law provides criminal sanctions and fines. The primary objective in criminal acts of physical violence within the family is to deter or punish the perpetrator so that peace and the progression of community life are maintained. The state plays a role in enforcing amar ma'ruf nahi munkar, including in household matters. The state is obliged to provide protection, services, and recovery for victims.
The Concept of Childfree Perspective of Law Number 1 Year 1974 on Marriage and Compilation of Islamic Laws Sudrajat, Vickry Maulanna; Kosim, Kosim; Sukardi, Didi
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20107

Abstract

Modernization in the current era has brought significant changes to various aspects of life, including the institution of Marriage. One emerging phenomenon is childfree, which refers to a couple's decision not to have children, either through natural birth or adoption. In Indonesian society, the presence of children is often seen as a blessing and a sign of trust in God. Still, the decision to live without children poses unique psychological and economic challenges for some individuals. This study aims to examine the principles of legal regulation related to the concept of childfree based on Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The study uses a qualitative method with a normative-descriptive approach, namely normative legal research that relies on literature studies and juridical analysis of legislation and relevant scientific works. Content analysis was used to interpret the data obtained. The results of the study indicate that although legislation emphasizes the importance of offspring in Marriage, there are no explicit provisions prohibiting couples from choosing to live without children. Legally, the child-free practice does not conflict with the marriage regulations in force in Indonesia. However, this decision remains a controversial issue in a society that strongly upholds family values.
Juridical Disparity in Interfaith Inheritance Law: A Comparative Study Between Islamic Law and Positive Law in Indonesia Herlambang, Pratama Herry; Wulandari, Fenny
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20071

Abstract

The plurality of religions in Indonesia presents significant challenges to the multidimensional implementation of the existing inheritance law. A particularly complex issue arises when heirs hold differing religious beliefs, which may occur due to interfaith marriages among their parents or individual conversions by the heirs themselves. This divergence in faith introduces a dualism of norms, as it contrasts the exclusive normative provisions of Islamic law with the inclusive approach espoused by Indonesian positive law, which seeks to promote substantive justice. This current research aims to investigate juridical disparities within interfaith inheritance law through a normative and comparative juridical approach. The findings suggest that the absence of an integrated legal framework leads to legal uncertainty, creating interpretative gaps that adversely affect individual civil rights. Consequently, this research advocates for the reformulation of national inheritance law arrangements and policies, emphasizing a foundation of sustainable and equitable legal pluralism.
Effectiveness of Electronic Court System (E-Court) in Kuningan Religious Court Based on PERMA Number 7 of 2022 Fathanudien, Anthon; Firdaus, Asep Ridwan
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20079

Abstract

The Kuningan Religious Court, as part of the national justice system, also implements E-Court based on applicable regulations, including PERMA Number 7 of 2022. This study aims to evaluate the impact of E-Court implementation on case resolution time and litigation costs at the Kuningan Religious Court. The research method used by the author is empirical juridical, where this research is descriptive and tends to use analysis and theory as a guideline so that the study focuses on facts in the field. The findings are to develop more measurable and specific effectiveness indicators that are relevant to the context of the Kuningan Religious Court and PERMA Number 7 of 2022. For example, not only measuring the general case resolution time but also measuring the impact of E-Court on specific stages regulated in the new PERMA. With the implementation of PERMA Number 7 of 2022, the Kuningan Religious Court has contributed to the realization of the principles of fast, simple, and low-cost justice. The conclusion obtained is that E-Court at the Kuningan Religious Court is systematically starting from online registration (E-Filling), online payment (E-Payment), online summons of parties (E-Summon), and electronic trials (E-Litigation) has been effective. There are several supporting and inhibiting factors in the Implementation of E-Court, namely in terms of supporting factors are Human Resources (HR) and Adequate Facilities and Facilities, Reducing Litigation Costs and Good Internet Networks while inhibiting factors Constrained Calls and e-court System Network Error.
Construction of the Legal Position of the Religious Affairs Office in Handling Early Marriage from the Perspective of Maqasid Usrah Jamaluddin 'Atiyyah Ismail, Ibnu Aly; Sugianto, Sugianto; Rofii, Ahmad
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20142

Abstract

Early marriage is often motivated by economic, educational, and cultural factors. The Religious Affairs Office's efforts to prevent early marriage are less effective due to differences in perspectives between religion and the state. This study examines the legal position of the Religious Affairs Office in addressing early marriage in Sokaraja District and explores the views of maqashid al-usrah in preventing early marriage. Using a normative descriptive approach, the study found that early marriages in Sokaraja District were 29 cases in 2020, 23 cases in 2021, 40 cases in 2022, and 13 cases in 2023, representing a 67% decrease. The Sokaraja District Religious Affairs Office has socialized Law Number 16 of 2019 concerning marriage, which sets the ideal age limit for marriage at 19 years. This law considers legal psychological, biological, and other aspects. From a maqashid al-usrah perspective, the aim is to protect children's rights, maintain family structure, and support community welfare. The Office of Religious Affairs' efforts to prevent early marriage align with these goals. By socializing the marriage law and promoting awareness, the office contributes to achieving the objectives of maqashid al-usrah.
The Implementation of Disability Rights Fulfillment in the General Election in Kuningan Regency Based on Law No. 7 of 2017 on General Elections Yuhandra, Erga; Rifa'i, Iman Jalaludin; Akhmadhhian, Suwari; Nurcahyati, Nabila Tri
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 1 (2025): June 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i1.20233

Abstract

This article examines the implementation of political rights for persons with disabilities during the General Election in Kuningan Regency, as outlined in Law Number 7 of 2017 on General Elections and Law Number 8 of 2016 on Persons with Disabilities. The research focuses on issues of accessibility and the effectiveness of electoral outreach. Using a normative legal method with a qualitative approach, this study examines legal frameworks, policy documents, and conducts interviews with relevant stakeholders. The findings reveal a significant gap between legal provisions and field implementation. Many polling stations remain physically inaccessible, and outreach programs often fail to consider the diversity of disability types. These barriers limit the participation of persons with disabilities in democratic processes. The study concludes that without accessible infrastructure and inclusive political communication, the right to vote and be elected cannot be fully realized for this marginalized group. It recommends stronger affirmative policies and collaboration between the General Election Commission, local authorities, and disability organizations topromote inclusive, non-discriminatory elections in line with human rights principles.

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