Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Legalization Of Waqf Forests In Indonesia: The Registration Process, Miftahul Jannah, Azila Ahmad Sarkawi, Jamilah Othman Dec 2020

Legalization Of Waqf Forests In Indonesia: The Registration Process, Miftahul Jannah, Azila Ahmad Sarkawi, Jamilah Othman

Indonesia Law Review

Waqf (Islamic endowment) is considered one of the alternative solutions to environmental problems in Indonesia. One of the examples is through the establishment of a waqf forest, a conservation initiative in the form of developing forests on waqf land. The development of waqf forests needs to pay attention to the legal side in accordance with the laws and regulations of Indonesia. Previous studies discussed the process of legalizing waqf land in Indonesia, but research about the legalization of waqf forest land is still scarce. This study aims to determine the process of legalizing waqf forests on the basis of Indonesian …


Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah Dec 2020

Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah

Indonesia Law Review

This study aims to examine the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia. The issue raised concerns opinions on or accusations of the Halal Product Guarantee Act of Indonesia reflecting authoritarianism and threatening human rights, specifically, religious beliefs. Furthermore, the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia states efforts to impose a single interpretation of the provisions in Islamic law. In this study, we investigate the validity of these allegations using a statute and conceptual approach. In this research, we determine that the claim of authoritarianism in the Halal Product Guarantee Law …


Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng Sep 2020

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …


Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal Apr 2020

Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal

Journal of Islamic Law Studies

The rise and implementation of Fintech is a result of the formation of lifestyle and consumptive behavior. This pattern of consumption behavior bases the use of commodities on desire and not on need. This happens because people continually want to complete their desire to own or use something that is beyond their needs even though they are still financially unable. One of the behaviors was exploited by Fintech, which provides financing services illegally. Illegal Fintechs are considered dangerous because they are not subject to and comply with existing regulations so that the potential deviation in the implementation process can be …


Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam, Ira Apriyanti Apr 2020

Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam, Ira Apriyanti

Journal of Islamic Law Studies

Home is one of the primary needs that must be reached. The importance of sufficing these needs causes the demand for homes is increasing every year. Compared to 2018, the growth of Home Ownership Loans (KPR) in January 2019 increased by 147 basis points (bps) from the original 10.89% to 12.36%. It is estimated that credit growth is expected to increase in line with optimism about the strengthening monetary and economic conditions, supported by the risk of lending that is relatively well maintained. But to fulfilling these needs, not every person can easily buy a house in cash. As a …


Tinjauan Hukum Islam Terhadap Larangan Kawin Sasuku Di Masyarakat Minangkabau, Vidya Nurchaliza Apr 2020

Tinjauan Hukum Islam Terhadap Larangan Kawin Sasuku Di Masyarakat Minangkabau, Vidya Nurchaliza

Journal of Islamic Law Studies

Customs in Minangkabau are known as customs that are along with Islamic norms. Almost all cultures in Minangkabau are Islamic teachings that are followed by the majority of the Minangkabau people. However, there is one custom that causes polemic in the community, namely the prohibition of marriage of Sasuku. Whereas in Islamic Law there are no prohibition of marriage with one tribe. On the other hand, according to Indonesian marriage law, a legal marriage is a marriage made according to the religion and beliefs of the bride and groom. This research was conducted using the normative juridical method of secondary …


Tinjauan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Konstitusi Yang Islami, Raihan Hudiana Apr 2020

Tinjauan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Konstitusi Yang Islami, Raihan Hudiana

Journal of Islamic Law Studies

The Constitution as a form of collective agreement is an important document containing values to be the highest referral system in regulating the life of nation and state. Looking at the sociological fact that Muslims are the majority in Indonesia, the spirit that was built at the beginning was to ensure the absolute necessity of how the basic values and main concepts of Islam can be fulfilled, while keeping in mind the needs and ensuring the rights of people from other religions. The view of some Muslims who assume founding father Indonesia has injured the spirit of the struggle of …


Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam Apr 2020

Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam

Journal of Islamic Law Studies

No abstract provided.


Investasi Syariah Dalam Rangka Menegakan Prinsip Syariah, Nur Alim Arrazaq Apr 2020

Investasi Syariah Dalam Rangka Menegakan Prinsip Syariah, Nur Alim Arrazaq

Journal of Islamic Law Studies

No abstract provided.


Quo Vadis Hukuman Pidana Kebiri Kimia Bagi Pelaku Kejahatan Seksual Pada Anak Di Indonesia, Ainunnisa Rezky Asokawati Apr 2020

Quo Vadis Hukuman Pidana Kebiri Kimia Bagi Pelaku Kejahatan Seksual Pada Anak Di Indonesia, Ainunnisa Rezky Asokawati

Journal of Islamic Law Studies

Sexual assault committed against children become one of the polemics in the society. The government as the state protector accommodates the polemic by making the law in form of Law Number 17 of 2016 concerning the Stipulation of Government Regulation in place of Law Number 1 of 2016 concerning Second Amendment to Law Number 23 of 2002 concerning Child Protection. The regulation accommodated the society’s need by arranging punishment for the perpetrators of sexual assault affecting children cases. Article 81 of Law Number 35 of 2014 in the form of first amendment to the Child Protection Law concerning criminal threats …