Rumah Jurnal Institut Agama Islam Negeri (IAIN) Bone
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Judicial Law-Making and the Limits of Constitutional Adjudication: Reassessing Judicial Power in Indonesia after Decision No. 92/PUU-XXII/2024
No full textThis article examines the implications of Constitutional Court Decision No. 92/PUU-XXII/2024 for the limits of judicial authority and Indonesia’s constitutional design. The decision not only reviews the constitutionality of Article 118(e) of the Village Law but also formulates an operational norm through conditional interpretation, signaling a functional shift of the Court from its classical role as a negative legislator toward judicial law-making. Employing a doctrinal legal approach with conceptual analysis and limited comparison, the study analyzes the decision, relevant legislation, and constitutional theory literature using qualitative content analysis within the theoretical frameworks of Hans Kelsen, Alec Stone Sweet, Ran Hirschl, and Mark Tushnet. The findings demonstrate that the Court’s normative intervention operates as a corrective mechanism to address legal uncertainty and to protect constitutional rights, while simultaneously generating structural tensions with the principles of separation of powers and democratic accountability. The article argues that the normalization of the Court’s role as a positive legislator risks incrementally altering the institutional balance without sufficient democratic legitimacy. The study’s main contribution lies in integrating national doctrinal analysis with global constitutional debates on the limits of judicial law-making in constitutional democracies, particularly in developing countries with unstable legislative dynamics
Gender Equality in the Perspective of Amina Wadud and Its Relevance to Gender Politics in Lampung Province
No full textGender equality in Muslim societies remains marked by a persistent gap between normative Islamic ideals and socio-political realities, particularly in women’s political participation and leadership. This study examines Amina Wadud’s feminist hermeneutics and its relevance to gender politics in Lampung Province, Indonesia. Employing a qualitative socio-legal approach, the research integrates textual analysis of Wadud’s major works with a critical review of literature on gender and political representation in Indonesia. Focusing on principles of contextual Qur’anic interpretation, spiritual equality, and anti-hierarchical theology grounded in tawḥīd and justice (al-‘adl), the study finds that political gender inequality stems not from Islamic doctrine but from patriarchal interpretations, masculinized institutions, and entrenched cultural norms. Despite increased visibility of women in Lampung’s political arena, participation remains largely symbolic and constrained by conservative religious readings. This study contributes to Islamic feminist scholarship and fiqh siyāsah by demonstrating that feminist hermeneutics provides a normative and epistemological foundation for advancing substantive gender equality through cultural, institutional, and theological transformation
Fatwa Communication Literacy Related to The Law of Boycotting Pro-Israel Product Transactions in Indonesia
Full text linkThe movement to boycott pro-Israel products as a form of condemnation of Israel's aggression against Palestine demands the attention of all elements of society, government and religious leaders in various countries, including in Indonesia. This qualitative study with a content analysis approach aims to identify the construction of mass communication functions in the fatwa of the Majelis Ulama Indonesia (MUI) Number 83 of 2023 related to the boycott of pro-Israel products. The mass communication function theory constructed by Harold Lasswell became the foundation of the perspective. This study found the construction of mass communication functions in the MUI's fatwa literacy related to the boycott of pro-Israel products, including the function of environmental monitoring related to various events, such as Israeli aggression against Palestine which received financial assistance from various pro-Israel companies, and public questions from Muslims regarding the law of supporting the Palestinian cause. Then, the function of social correlation, such as the appeal for Muslims to do philanthropy for humanitarian solidarity for the struggle of the Palestinian people, and avoid using various pro-Israel products. Furthermore, the function of social transmission is in the form of MUI's role in disseminating Islamic legal norms that can guide Muslims in responding to the boycott movement of Israeli products. This study confirms the importance of constructing a holistic mass communication function involving the synergy of the roles of the community, religious leaders, and the government in disseminating fatwa literacy related to social religious problems, such as the fatwa related to the boycott of pro-Israel products. The focus, perspective and implications of the findings of this study are also novelty to the findings of previous studies which generally focus more on the formal legal aspects related to fatwas related to the boycott of pro-Israel products. However, this study does not examine the economic impact on Muslims in Indonesia of the MUI fatwa related to the boycott
Copyright Infringement in Online Media: Corporate Legal Liability
Full text linkThis study examines the legal responsibilities of online media companies in addressing copyright violations, focusing on regulatory frameworks, technological implementations, and enforcement challenges. Using a normative juridical approach, this research analyzes Indonesia’s Copyright Law No. 28 of 2014, the DMCA, and the EU Copyright Directive. It also includes comparative case studies such as Viacom vs. YouTube (2007), Google Books Litigation (2015), and TikTok Copyright Infringement (2021) to assess evolving legal frameworks and platform liability in managing user-generated content (UGC).Findings reveal that while platforms employ AI-powered Content ID, automated filtering, and blockchain copyright management, these technologies face false positives, jurisdictional enforcement difficulties, and takedown notice transparency issues. The cross-border nature of the internet complicates legal enforcement, necessitating global cooperation and harmonized copyright policies. A multifaceted approach is needed, integrating technological innovation, stronger regulations, and stakeholder collaboration. Enhancing cross-border legal cooperation and content moderation policies is vital to balancing copyright enforcement with freedom of expression. Collaboration among digital platforms, governments, and industry stakeholders is key to ensuring a sustainable and legally balanced digital ecosystem for copyright protection and creative industry growt
Analisis Strategis ADR sebagai Alternatif Litigasi dalam Sengketa Kontrak Bisnis
Full text linkDispute resolutions in business contracts through litigation had often time being time consuming, non-cost effective and influenced the relationship between the parties involved. ADR like negotiation, mediation and arbitrage offered a more efficient and flexible strategy. This article aims to analyse ADR strategically as an alternative for litigation, focusing on cost efficiency, strategy planning and normative support in the Indonesian legal system. Through normative legal approach and literature studies, it is found that ADR provide practical benefits by protecting business relations and speeds the conflict resolution progress. UU No. 33 Tahun 1999 and the freedom to contract rightfully supported the application of ADR. With a proper planning, ADR can be a legal strategy that benefits business owners. One of its key advantages is its possibility to mend strained relationships and create the potential for future business opportunities between the parties involved, fostering long-term cooperation. However, ADR is not without its limitations. ADR may be ineffective in situations involving significant power imbalances, as stronger parties may influence the outcome unfairly. Nevertheless, with proper planning and careful consideration of the dispute’s nature, ADR can serve as a strategic legal tool for business owners, balancing efficiency with the preservation of commercial relationships. Ultimately, the choice between ADR and litigation should be guided by both economic and strategic considerations
THE CORRELATION BETWEEN ACADEMIC CHARACTERISTICS AND INTERACTION WITH THE QUR'AN ON MENTAL HEALTH
Full text linkMental health disorders are something that cannot be underestimated. In 2019, about 970 million people worldwide were living with a mental disorder equivalent to 1 in 8 people. The Qur'an can be the main therapeutic means with 5T aspects, namely recitation, tahfidz, tafsir, tathbig, and tabligh will get peace of mind that has an impact on mental health. This study is a quantitative correlation study to determine the relationship between the interaction of the Qur'an with mental health. This research was carried out at the Tasikmalaya Ministry of Health Polytechnic in November 2024 with a sample of the academic community who filled out a questionnaire from November 27 to December 4, 2024, which was taken using the purposive sampling method of 171 respondents. The instruments used were the Self-Reporting Questionnaire (SRQ) and questionnaires about interactions with the Qur'an to be further analyzed by gamma correlation tests. The result of this research shows the most mentally healthy in the group with good interaction with the Qur'an is 86.36% and mental disorders are detected in the group with less interaction with the Qur'an as much as 100%. The table shows the influence of interaction with the Qur'an on mental health with a p-value of 0.000. This research shows that interaction with the Qur'an will make you mentally healthy, in other words, the Qur'an is a means of mental health educatio
KONSELING PARENTING TERHADAP PENGETAHUAN DAN KETERAMPILAN ORANG TUA
Full text linkParenting ialah ilmu yang mempelajari tentang cara mendidik anak, mengasuh anak serta membimbing anak dengan cara yang baik dan tepat. Bimbingan parenting ini sangat penting untuk di ketahui. Bahwa Pendidikan anak pertama kali yakni dari keluarga dan yang paling penting berperan dalam lingkungan keluarga yakni orang tua. Tujuan dari penelitian ini adalah untuk mengetahui bagaimana pola asuh anak yang di terapkan di perumahan al-karim, bayung lencir. Penelitian kualitatif ini mengkaji dampak konseling parenting terhadap pengetahuan dan keterampilan pengasuh orang tua di Perumahan Al-Karim. Penelitian ini secara mendalam mengkasi dampak konseling parenting terhadap peningkatan pengetahuan dan keterampilan pengasuh orang tua di Lokasi tersebut. Sumber data dikumpulkan dalam penelitian ini adalah data primer yang melalui observasi, wawancara, dan studi dokumen sedangkan analisis datanya yaitu redaksi data, penyajian data menggunakan trianggulasi sumber dan metode. Hasilnya menunjukkan konseling parenting signifikan meningkatkan kesadaran orang tua tentang komunikasi efektif, disiplin positif, dan pemahaman perkembangan anak, ini membuktikan efektivitasnya konseling dalam memperkuat kapasitas pengasuhan orang tua. Penelitian ini mengidentifikasi 4 dampak dalam proses konseling parenting terhadap orang tua.1. Peningkatan pengetahuan orang tua mengenai prinsip pengaruh positif, 2. Penigkatan keterampilan praktis pengasuhan, 3. Konteks lokal dan relevnasi intervensi, 4 peran konseling terhadap pemberdayaan orang tua. Ini artinya bahwa konseling parenting menjadi faktor dalam meningkatkan kemampuan orang tua untuk memahami pola asuh sebelum mamasuki peran sebagai orang tua, studi ini berusaha memberikan dampak yang mamang benar-benar terjadi sehingga berimplementasi bagi orang tua terhadap anak untuk memperhatikan unsur-unsur etika dan moral berbasis nilai dalam memperluas jangkauan-jangkauan dalam pola asuh anak
The Implementation of the Indonesian Ulema Council's Fatwa on the Prohibition of Smoking in Brebes District from the Istishan Perspective
Full text linkThis research aims to explore the implementation of the fatwa of the Indonesian Ulema Council (MUI) regarding the prohibition of smoking through an istihsan approach. The istihsan approach as a method for determining Islamic law is used to understand how the flexibility of Sharia can be applied in diverse social and cultural contexts. This research is a field study, where data is obtained from events that occur in the field as they are. The sample in this study is alumni of the Integrated Islamic Elementary School Harum Brebes, serving as the object or case study. Data collection was conducted through interviews with alumni of Integrated Islamic Elementary School Harum Brebes, followed by analyzing and interpreting what was. The findings of this study indicate the dynamics of understanding and attitudes of alumni towards the fatwa, as well as how the values of public interest are interpreted in everyday life practices. The main contribution of this research lies in strengthening the perspective of istihsan as an alternative approach in bridging the gap between Islamic legal norms and social realities, especially on contemporary issues such as smoking. This study is expected to serve as a reference for policymakers, educational institutions, and religious authorities in formulating more contextual and effective strategies for implementing fatwas
Manajemen Kantin Halal dalam Menjaga Eksistensi Kantin Madrasah di Kabupaten Gresik
Full text linkThis research aims to:(1)describe the management of halal canteens at madrasahs in the Gresik district (2)describe the presence of madrasah canteens in the Gresik district;(3)describe the role that halal canteen management plays in preserving the madrasah canteens' continued existence in the Gresik district. This study employs a descriptive qualitative research methodology. There are two types of data sources:primary and secondary. In this study, documentation, interviews, and observation are the methods used to collect data. The three steps of the Miles Hubermen theory data reduction, data presentation, and conclusion drawing are used in data analysis methodologies. The study's findings indicate: (1)The Gresik task force manages the Halal canteen in phases, including organizing, planning, actuating, and controlling.(2)The existence of madrasah canteens in Gresik Regency is indicated by the number of madrasah canteens in Gresik Regency that have been halal certified, so they are very enthusiastic and comply with government programs for halal certification of their products.(3)In managing halal canteens in order to maintain the existence of madrasah halal canteens in Gresik,collaboration of management principles and halal principles is needed. Management principles as a tool to achieve program goals,while halal principles are used as guidelines in running the madrasah halal canteen.Â
The Efforts to Decriminalize Article 549 of the Indonesian Criminal Code from the Perspective of Islamic Criminal Law
Full text linkThis study examines the decriminalization of Article 549 of the Indonesian Penal Code (KUHP) from the perspective of Islamic criminal law, focusing on livestock negligence in Sukadame Village, Silangkitang District, South Labuhan Batu Regency. The issue arises from unconfined livestock damaging private land, leading to legal disputes and calls for regulatory reform. This research aims to analyze the necessity of decriminalizing Article 549 KUHP by evaluating its application in local cases and comparing the legal framework of positive law and Islamic law regarding livestock negligence. A qualitative approach with an empirical juridical method was employed, collecting data through interviews with legal practitioners, community leaders, and affected parties, alongside document analysis. The findings indicate that decriminalizing Article 549 KUHP requires legal reform to ensure alignment with current socio-economic conditions. However, prior to implementation, community engagement is crucial to prevent legal uncertainty and unintended consequences. The study suggests that legal adjustments should balance societal needs and legal enforceability, ensuring fairness while maintaining public order. These findings contribute to ongoing discussions on legal reform in Indonesia, particularly in harmonizing statutory law with Islamic legal principles