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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.
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Articles 7 Documents
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Search results for , issue "Vol 9, No 2 (2024): Desember 2024" : 7 Documents clear
Corruption In The Legal Views Of Baharuddin Lopa And Artidjo Alkostar From The Perspective Of Criminal Law And Islamic Law Animan, Medi
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.13756

Abstract

Corruption in Indonesia has become a fundamental problem and has even become so deeply rooted that it is difficult to eradicate. This can be seen in Indonesia‟s increasingly widespread criminal acts of corruption. This research aims to discover the law enforcement principles of Baharuddin Lopa and Artidjo Alkostar, as well as the views of Islamic law on corruption. The research method used is qualitative research. The results of this study are as follows: first, Baharuddin Lopa is a prosecutor who consistently fights for the eradication of corruption in Indonesia through a brilliant breakthrough, namely the principle of reverse proof, or the defendant must prove that his property is halal or legal. In upholding justice, Baharuddin Lopa holds the principles of religion, integrity, and spirit. Artidjo Alkostar started his career as a Supreme Court Justice in 2000 and retired on 22 May 2018. Artidjo‟s work as a Supreme Court judge is notable because he dared to differ from the other judges in the case of former President Soeharto and the Bank Bali scandal with the defendant Djoko Soegiarto Tjandra. Second, corruption in Islam is an act that violates Sharia. In the context of broader Islamic teachings, corruption is an act that contradicts the principles of justice (al-Adalah), accountability (al-amanah), and responsibility. Corruption, with all its negative impacts, can cause various distortions to the life of the state and society.
The Political Law Stipulating The Age Of Marriage In Law No. 16/2019 And Its Impact On Family Harmony nasrulloh, ikhsan
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.17224

Abstract

This study aims to discover the debate regarding the age limit of marriage and the impact of early marriage on family harmony. The method used is the Normative Juridical approach. Data are obtained through literature and documentary studies and then analyzed qualitatively. The results of this study are as follows: First, the politics of law in Law No. 16 of 2019 is divided into subjective and objective dimensions. The value of justice for the age limit of marriage is realized by equalizing the minimum age of marriage of 19 years for men and women. The value of legal certainty in the regulations of Law No. 16 of 2019 has yet to be realized because there are no sanctions for violators, and there is a loophole for dispensation without clear requirements. Second, Islamic Law Review of Law No. 16 of 2019. Equality of the minimum age limit of 19 years is not contrary to Islamic law. Marriage is also considered good and safe because it has exceeded the age limit of puberty, according to the opinion of Islamic jurists. Third, the impact of underage marriage on family harmony affects the resilience of the family that is built. Economic, psychological, emotional, and mental unpreparedness. So that sustainable economic security is not achieved.
PROTECTION OF CHILD VICTIMS OF VIOLENCE IN THE FAMILY FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW AND POSITIVE LAW (Case Study at the Subang District Attorney‘s Office, West Java Province) Akhmadi, Nurman
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.13956

Abstract

Cases of violence against children still occur frequently; tragically, in many cases of violence against children, the perpetrators most often come from the familyenvironment or the environment where the child is. The purpose of this study isfirst to explore the occurrence of violence against children in the family, second toexamine more deeply the legal protection of child victims of violence in the familybased on Islamic Family Law and Positive Law at the Subang District Attorney‘sOffice, and third to examine more deeply the development of handling childvictims of violence in the family based on Islamic Family Law and Positive Law atthe Subang District Attorney‘s Office. The research method used by the author isqualitative, where this research is descriptive and tends to use analysis and theory as a guide so that the study focuses on the facts in the field. The type of research used is field research. The research approach used is descriptive. The conclusions obtained are: First, the factors that cause violence against children in the family are two things, namely internal factors, including economic factors; factors that are not biological children, educational factors; external factors, including factors of the child‘s behavior, and social, environmental factors. Second, Islam strictly prohibits acts of violence, especially in educating and caring for children. However, this prohibition does not apply in terms of ubūdiyyah or tarbiyyatuddinniyyah. Child protection, according to positive law, is divided into two, namely, Preventive legal protection and Repressive legal protection. Third, Development in child maintenance, namely parenting, maintaining children, and educating children. The development of handling child abuse in the family at the Subang District Attorney‘s Office is to provide maximum protection to children and their rights, namely providing legal sanctions for the perpetrators of criminal acts so that they do not continue their criminal acts as well as giving a fear effect on others so as not to commit the same criminal acts by paying fines that must be given to victims or restitution.
Law Enforcement Against Surveillance Of Illegal Gold Mining Crimes In Review Of Positive Law And Islamic Law (Case Study In Wasirawi Village, Masni District,Manokwari Regency, West Papua Province) Musrifin, La Ode
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.14866

Abstract

The mining management system in Indonesia is pluralistic due to the various mining contracts or licenses currently in force. For this reason, it is necessary to take action in all components of the nation, including law enforcement, both in positive law and Islamic law. This research aims to find law enforcement against the supervision of illegal gold mining crimes by reviewing the perspective of positive law and Islamic law (case study in Wasirawi Village, Masni District, Manokwari Regency, West Papua Province). The method used in this research is a qualitative descriptive approach. The results of this study are as follows: First, the role of the government in curbing illegal nickel mining in Waserawi Village, Masni District, Manokwari Regency, West Papua Province, from all functions, still needs to be stronger. The mining sector is very vulnerable to violations of the law. Therefore, regulations are formed that can regulate the mining business sector, namely in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Second, MUI, as an institution that provides fatwas, issued a fatwa on the law of environmentally friendly mining on 26 May 2011. The fatwa states that mining activities that do not bring prosperity to the community are haram. In Islamic law, illegal miners are included in the realm of ta‟zir punishment, so Ulil Amri can make Ijtihad to determine the type of punishment.
The Crime Of Money Laundering (Tppu) According To Positive Law And Islamic Law And Its Implications For The Family (Study on the Analysis of Decision No. 86/Pid.B/2021/PN.Mnk of Manokwari District Court, West Papua Province) Yuliana, Wa Ode
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.14878

Abstract

Money laundering is a process carried out by a person or organization against illicit money, namely money originating from crime, to hide data and disguise the origin of the funds from the government or the competent authority. Money in the financial system, utilizing bank and non-bank services, includes stock exchanges, insurance, and foreign exchange trading so that this money can be issued from the economic system as halal money. The purpose of this study is first to examine more deeply the review of Islamic criminal law on corporate responsibility in money laundering according to Law No. Deeper into the impact and implications of money laundering crimes against families. The research method used by the author is qualitative, a normative juridical approach, which seeks to synchronize the legal provisions that apply in the legal protection of other legal norms or regulations with their relation to the application of these legal regulations in practice in the field. The type of research used is library research. The conclusions are as follows: First, Islamic law in money laundering is identified with embezzlement (ghulûl). Second, accountability for money laundering is regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes (UU PP - TPPU). The predicate crimes of money laundering are regulated in Article 2 paragraph (1), namely: corruption, bribery, narcotics, psychotropics, labor smuggling, migrant smuggling in the banking sector, the capital market sector, the insurance sector, customs, excise, human trafficking, illegal arms trade, terrorism, kidnapping, theft, embezzlement, fraud, counterfeiting money, gambling, prostitution, in the fields of taxation, forestry, environment, maritime affairs and fisheries, and other crimes punishable by imprisonment for 4 (four) years or more. Third, the impact and implications of money laundering on families have many impacts, namely economic impacts, changes in children’s behavior, impacts of a mother becoming the head of the household, and psychological effects.
Legal Protection For Juvenile Offenders In The Criminal Justice Process (Comparative Study Of Islamic Law And Positive Law In Indonesia) Ruchendi, Dudi
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.11325

Abstract

This study aims to determine the rights of children who commit criminaloffenses in the judicial and investigative processes in legal protection. Themethod used is the normative juridical and sociological juridical approach. Theresults of this study are as follows: first, the investigation process at the Polres iscarried out by child investigators who are accompanied by parents/guardians,legal counsel, and Bapas. At the Polsek level, the investigation is carried out byinvestigators who usually conduct investigations on adults due to the need formore human resources. Legal counsel must accompany children who are stillsuspects. There is no intimidation during the investigation process; everythingis done according to the investigation procedure for children. Second, children’srights during the trial period are fulfilled and protected by judges and publicprosecutors by the Law on Juvenile Justice System. The rights contained inArticle 3 of Law No. 11/2012 have fully met the principles of legal protectionconsisting of 4 (four) principles: The child cannot fight alone, the best interestsof the child, the life cycle approach, and cross-sectoral.Keywords: Protection, law, juvenile offenses
Legal Analysis Of Mediation In The Settlement Of Joint Property Disputes In Marriage In Terms Of Islamic Law And Positive Law gideon, gideon
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 9, No 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v9i2.17222

Abstract

Joint Property has become a polemic in Indonesia’s Islamic legal discourse and legal system. Initially, the assets brought by the husband did not have any identification, nor did those brought by the wife. Such assets are inherited assets of both parties, which are identified as the personal property of the husband or wife. The assets a husband and wife produce during marriage are a logical consequence of marriage. The aim of this research is firstly to find out more about Islamic law regarding mediation in resolving marital property disputes. Secondly, I want to find out more about the positive legal review of mediation in resolving marital property disputes. This research was conducted using a Normative Juridical approach. The specifications of this research are descriptive analysis. The conclusion that can be obtained is that mediation in the distribution of joint property in Islamic law has no specific rules but only provides general guidelines for resolving joint property problems without causing disputes. Second, Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court makes mediation part of the court process. In court to obtain peaceful efforts through the mediation process as contained in the Procedural Law Article 130 HIR or Article 154 RBg.

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