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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 142 Documents
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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.
Surrogacy Law: Iran’s Framework and Structural Constraints in Indonesia Azzahra, Khalida; Ibtiani, Heni; Amelia, Putri
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.23357

Abstract

Surrogacy has been legalized in Iran, the only Muslim-majority country to formally accommodate the practice within its healthcare and legal systems. In contrast, despite a high prevalence of infertility, the Indonesian legal order remains closed to surrogacy due to persistent juridical, ethical, and theological contestation. Existing scholarship has largely examined these jurisdictions in isolation or has focused predominantly on theological prohibition, leaving limited comparative analysis of the structural limits of legal transplantation. Addressing this gap, this study employs a normative-comparative legal method to analyze primary legal materials, including Iran’s Civil Code and Indonesian health and family laws. The findings demonstrate that Iran validates surrogacy through Article 10 of its Civil Code and flexible Jaʿfari jurisprudence. Conversely, the study shows that surrogacy in Indonesia is structurally precluded by three interlocking dimensions: civil-contractual incompatibility with the requirement of a lawful cause, restrictive medical-administrative regulations grounded in mater semper certa est, and a dominant Sunni legal consensus classifying surrogacy as zina, thereby threatening the preservation of lineage (hifz al-nasl). This study concludes that Iran’s framework cannot be transplanted into Indonesia without fundamentally restructuring civil, medical, and religious legal norms, underscoring the contextual limits of legal transplantation in comparative Islamic bioethics and Indonesian legal reform discourse.
The Existence of Cancellation of Grant in Religious Courts: A Legal Analysis and Maqashid Sharia of The Decision Number 6481/Pdt.G/2021/Pa.IM Purnama, Yusuf Agung; Firdaus, Slamet
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22321

Abstract

Grants are given to others with no hope of existence, reward, or whatever, and are done willingly, without counter-performance from the party that gives. The giver still lives. Grants cannot be cancelled except for the grant parent to child matter, as mentioned in the hadith of the Prophet, KUHPER, and the Compilation of Islamic Law. The purpose of this study is to analyse the juridical aspects of Islamic Law, Positive Law and Maqashid Syariah above the judge’s decision in the case number 6481/Pdt.G/2021/PA.IM regarding the case cancellation grant. The research method used by the author, which involves descriptive research , is one of the forms of research that includes qualitative research. The data used in the study are qualitative. Qualitative data, namely data presented in verbal form, is not in a numerical form. Among others, search and collect data with classification, including primary data and secondary data. In research, the author uses interviews, documentation and observation for data collection. The results of the research from the judge’s considerations in deciding case number 6481/PDT.G/2021/PA.IM regarding the case cancellation grant, the panel of judges’ opinion is that the lawsuit plaintiff must state No cannot be accepted. This is in accordance with Circular Letter Supreme Court Number 3 of 2018, letter A, number 4. In the formulation of the law of the religious chamber that the lawsuit whose object of dispute is still a debt guarantee and the judge does not use other legal considerations, in fact the judge in deciding a case should be based on the law and/or statutory regulations related to the lawsuit, such as Article 212 of the KHI which allows parents to withdraw their gifts and Article 1688 of the Civil Code.
Family Communication and Coping Strategies on Soldier Children’s Independence: A Maqasid Al-Shariah Perspective Hartatiah, Hartatiah; Khalimy, Akhmad; Bil Ali, Muh. Isra
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.23381

Abstract

The dynamics of military families, characterized by high mobility and father absence due to operational duties, pose unique challenges to child development. This study aims to analyze the influence of family communication and coping strategies on the independence of soldiers’ children, viewed through the lens of Maqāṣid al-Sharī’ah. Using a mixed-method explanatory sequential design, quantitative data were collected from 200 respondents in the Kodam III/Siliwangi battalion, followed by in-depth interviews with selected informants. The results indicate that family communication and coping strategies significantly influence children’s independence, explaining 75.5% of the variance. The study theoretically contributes to Islamic Family Law by reframing psychological resilience as a spiritual necessity: effective communication is hifz al-nafs (preservation of the soul). At the same time, adaptive coping strategies manifest as hifz al-din (preservation of religion) and hifz al-nasl (preservation of progeny). Practically, these findings urge military institutions to integrate spirituality-based counseling into family support programs.
Early Marriage in Hadith and Law: Analysis of Aisha’s Marriage and Legal Age Provisions Yusuf, Muhammad Waliyuddin; Rosyadi, Imron
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22375

Abstract

The phenomenon of early marriage remains a complex social and legal issue in Indonesia, illustrating the ongoing gap between religious texts, legal regulations, and social realities. This research departs from debates surrounding the hadith of the Prophet Muhammad’s marriage to ‘Aisha ra., which is often used as a religious justification for child marriage practices. The study aims to critically analyse the hadith through a socio-historical approach and the framework of maqāṣid al-sharī’ah, while assessing its conformity with Indonesian positive law. This research employs normative legal research with a qualitative perspective, relying on literature analysis of hadiths contained in Kutub al-Sittah, the views of classical Islamic jurists (fuqahā’), and national legal policies, particularly Law Number 16 of 2019 concerning the minimum marriage age. The findings reveal that classical scholars generally permitted marriage to al-ṣaghīrah based on specific historical and social contexts. However, contemporary scholars emphasise the need for contextual and purposive interpretation to ensure the protection of children from physical, psychological, and social harm. From the perspective of maqāṣid al-sharī’ah, this study highlights maṣlaḥah and harm prevention as fundamental legal principles. From a positive legal standpoint, setting the marriage age at 19 reflects harmonisation between Islamic law and child protection norms.
GENDER-BASED CYBER VIOLENCE IN CIREBON REGENCY: A CRITICAL GENDER AND LEGAL ANALYSIS Leliya, Leliya; Mujahidin, Muhamad; Wildanuddin, Muhamad Dadan
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22842

Abstract

The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments.
The Comparative Analysis of the Legal Implications of Hadhanah in Decision Number 2562/Pdt.G/2023/PA.Sbr and Decision Number 0037/Pdt.G/2016/PA.Bitg in the Perspective of Maqaṣid al-Syari’ah Lubis, Ishak; Aziz, Abdul Aziz
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22335

Abstract

This study examines the differences in the determination of custody rights in the Sumber Religious Court decision No. 2562/Pdt.G/2023/PA.Sbr and the decision of the Bitung Religious Court Number 0037/Pdt.G/2016/PA.Bitg, even though both refer to the Compilation of Islamic Law (KHI). The divergence arises due to variations in trial facts, the child’s psychological condition, and the religious beliefs of the parties involved. Therefore, an analysis from the perspective of maqāṣid al-sharī’ah is essential to ensure that custody rulings not only adhere to normative provisions but also safeguard the child’s welfare. The main objectives of this research are to analyse the application of custody law in both cases and to compare them within the framework of maqāṣid al-sharī’ah. The research problems addressed are: (1) How was custody law applied in the Sumber and Bitung Religious Court decisions? and (2) How do these decisions differ when examined through the lens of maqāṣid al-sharī’ah? Using a normative juridical method with comparative and case study approaches, data were collected from legislation, Islamic legal scholarship, and official court rulings. Findings reveal that the Sumber Court prioritised maternal attachment and piety, while the Bitung Court prioritised protection of faith by granting custody to the father.
Islamic Legal Review of Waqf Land Ownership Transfer under Indonesian Law Chadijah, Siti; Rifai, Muhammad Rifqi; Zalil, Muhammad Abdul
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22381

Abstract

This study aims to analyse the Islamic legal position on the transfer of ownership of waqf land and evaluate its conformity with the Indonesian waqf regulatory framework. Using a normative-juridical method, the research examines classical and contemporary fiqh references, Law No. 41 of 2004, Government Regulation No. 42 of 2006, and relevant legal documents to construct a systematic interpretation of the rules governing waqf property. The analysis identifies the legal basis for the prohibition of transferring waqf assets and assesses the coherence between sharia norms and national regulation. The results reveal that Islamic jurisprudence categorically upholds the permanence of waqf property, while practices at the administrative level remain vulnerable to irregularities, particularly in certification and oversight procedures. Weak institutional verification allows waqf assets to be at risk of being transferred or re-registered contrary to their legal status. This study contributes an evaluative framework for aligning Islamic legal principles with positive law and proposes policy improvements, including stronger cross-institutional verification and enhanced supervisory mechanisms to prevent unauthorised transfers of waqf assets.
Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice Anisa, Lina Nur
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) Vol 10, No 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22023

Abstract

This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.

Page 14 of 15 | Total Record : 142

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