Indonesian Journal of Law and Islamic Law (IJLIL)
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Teleconference Marriage Contracts and The Development of Indonesian Marriage Law
Full text linkIn the current era of technology, it is possible to carry out a marriage contract with the help of technology that can facilitate the parties who will carry out the marriage contract. In the study of Islamic law, there is no definite law regarding this long-distance marriage. Because this is a case of ijtihadiyah which is not mentioned in the texts of the Qur'an or Sunnah. In Indonesia, there is also no legal certainty regarding long-distance marriage contracts. This study uses library research method where literature is the main data source. This study aims to determine the views of an Islamic figure regarding the marriage contract carried out by teleconference, as well as to find out the prospects for this view in the development of Islamic family law in Indonesia. The results of this study indicate that the marriage contract through teleconferencing is factually not yet regulated in marriage law. However, according to Wahbah Az-Zuhaili's opinion, marriage via teleconference is a marriage that is allowed and can be considered valid. However, it is still necessary to regulate and amend the law regarding teleconferencing marriage contracts in order to protect the law, as well as to fulfill the legal aspect for the parties concerned
“Bettonan” Contract in Agricultural Management as Poverty Reduction Efforts From Islamic Law Point of View
Full text linkThe background of this research is the existence of a "bettonan" contract that occurs among the Indonesian farming community. This contract is carried out with a distribution of 80%:20% of agricultural products; 80% for land owners and 20% for tenant farmers. This contract is a legacy from a long time ago that until now has not been touched by the government, resulting in the absence of regulations. This article tries to explore the legal nature of the “bettonan” contract and whether the distribution is in accordance with justice by considering the obligations of both parties to the contract (land owner and tenant farmers). The results of the study indicate that the "bettonan" contract transaction is in accordance with the concept of Islamic law and is included in the category of musyarakah muzaraah contract, and the distribution of results is in accordance with the principle of justice because the risk of tenant farmers is very small. In the end, this “bettonan” contract really needs to get a touch from the government law because it is very helpful in poverty alleviation efforts
Transfer of Authority Over Mineral and Coal Mining Tenure Rights
Full text linkThe transfer of mining licenses with the birth of the work copyright law has shifted back to the central government. There are two issues studied, namely the main basis for the transfer of authority related to the control of mineral and coal mining and the impact of the Transfer of Authority related to the Control of Mineral and Coal Mining. The research method used is a juridical normative research method with a statute approach, data analysis using a descriptive method. The results of the research are aimed at reorganizing related to the regulation of authority affairs and improving the mechanism for granting mineral and coal mining business permits so that mine management is better in the future. In addition, the transfer of authority to issue permits is carried out to realize an efficient mining licensing system, but it cannot be denied that from the wide range of mining areas and the lack of authority possessed by the regional government as the 'host' party to supervise mineral and coal mining activities, it is not impossible. maybe this will actually have an impact on the non-intensive process of monitoring, fostering, and supervising mineral and coal mining activities
ASSESSING WOMEN ULAMA’S PERSPECTIVES ON GENDER CONTESTATION AND LAW ESTABLISHMENT IN INDONESIA
Full text linkIn contrast with the history gender abroad, women's attitudes and relations with various sectors in Indonesia can be said to be completely different. without distinguishing between both of them, local culture and approaches that affect one's perspective. This article describes the history of gender in Indonesia that is inseparable from the dogma and history of Indonesian women who fight for justice before the law, the variety of religions and cultures which are the main concerns that will distinguish the history of gender in Indonesia from others. This article narrates that gender as a perspective is strongly influenced by the doctrines of the ulama towards women through tafsir and methods. Women ulama brought up several gender issues in Indonesia which later became the product of a fatwa, including the elaboration of kyai Husein Muhammad highlighting how women's rights fighters in Indonesia seek to ratify the marriage law and bunyai Nur Rafiah’s argument saying that gender in Indonesia will never be separated from the method of Islamic studies which views the essential justice for which positions ultimate justice for women as the ultimate target, this argument leads to laws in Indonesia which are starting to lead to the mainstreaming of regulations. This discussion is further reinforced by kyai Faqihudin Abdul Kodir who argued that the goal of gender in Indonesia is the ratification of CEDAW, hence the issuance of UU no. 7 of 1984
Additional Term Position of Constitutional Judges in The Perspective of Fiqh Priority of Yusuf Qardhawi
Full text linkEmergence of the third amendment to the law on the constitutional court which was passed suddenly has sparked controversy among experts. This is due to three irregularities in the law. Among them are the discussion of the law is considered very fast, changes regarding the addition of the term of office of constitutional judges and the very fullness of the law with indications of political interests in order to facilitate the interests of the proposing institution. In examining this problem, this research uses the theoretical perspective of the working of law from Chambliss and Seidman and fiqh siyasah from Yusuf Qardhawi. This research is a normative legal research and with a statute approach and conceptual approach. The findings in this study indicate that an increase in the tenure of constitutional judges who continue to use retirement is in line with Yusuf Qardhawi's priority fiqh theory for several reasons, including a form of harmonization in regulating the tenure of the highest holder of judicial power and being able to maintain independence and credibility of every constitutional judge's decision
Analysis of Dowry Laws in The State of Sarawak, Malaysia, and KHI Indonesia
Full text linkThe law of dowry in Islam is an obligation for a man who wants to marry his future wife. Article 30 of the Compilation of Islamic Law (KHI) in Indonesia explains that the prospective groom is obliged to pay a dowry to the prospective bride in an agreed amount, both in form and type. However, there is no certainty about the amount of dowry to be paid. Another Muslim-majority country that adheres to Islamic law in the context of family law, including dowry, is Malaysia, which has the Sarawak State Islamic Family Law Ordinance 2001 which also regulates dowry laws. Thus, in solving a problem related to the amount of the dowry, the judge will solve it. This study uses a type of library research with a juridical-normative method. Primary data sources in the form of laws and regulations regarding the law of dowry in Indonesia and Malaysia, secondary sources obtained from various writings and books that are relevant to the research focus. Result: in detail the dowry law in the preparation of Islamic law is regulated in Articles 30 to 39, while the 2001 Sarawak State Islamic family law procedures in Malaysia are contained in Article 19, Article 56 and Article 57. Both have similarities in the laws and regulations that discuss about the law. dowry, one of the most prominent differences between the two is regarding the determination of the dowry, which in Indonesia the dowry is not clearly defined in terms of form and amount, while in the State of Sarawak, Malaysia, the amount is 120 RM for virgins and widows
Actualization of Mui Fatwa on Positive Law as Islamic Legal Opinion in Indonesia
Full text linkLegal opinion in Islam will discuss issues related to religious law such as fatwas. In Indonesia, there is a fatwa-making body called the MUI (Indonesian Ulema Council) which was established on July 26, 1975. This study uses the library research method by reviewing several libraries and comparing them with other literacy to find the right research results. The results of the study indicate that fatwas have an important role by becoming several national laws in the realm of Islamic economics. This is proven in the Supreme Court Regulation No. 2 concerning the Compilation of Sharia Economic Law (KHES), in addition to that regarding Islamic banking, for example PBI No. 9/19/PBI/2007. In addition, regarding sharia principles, the finance minister asked the MUI fatwa as the basis for issuing State Sharia Securities (SBSN). 
Effectiveness Of Inheritance Dispute Resolution Through Non-Litigation Channels
Full text linkThe effectiveness of law enforcement is closely related to the effectiveness of the law. In order for the law to be effective, law enforcement officers are needed to enforce these sanctions. A sanction can be actualized to the community in the form of compliance, with these conditions showing indicators that the law is effective. In resolving disputes through non-litigation, we have recognized the existence of alternative dispute resolution or Alternative Dispute Resolution (ADR), which is described in Article 1 number (10) of Law Number 30 of 1999 concerning Arbitration and ADR, which reads as follows: Alternative Dispute Settlement is an institution for resolving disputes or differences of opinion through procedures agreed upon by the parties, namely dispute resolution out of court by means of consultation, mediation, conciliation, or expert judgment. The approach used in this research is a qualitative approach. The type of research used in this study is a case study. Results In the method of village arbitration in the settlement of inheritance disputes 1) village heads and village officials have an important role in the settlement of inheritance disputes, namely as mediators, including: opening and leading the mediation process, explaining, providing advice and the best solution, deciding and determining what the parties have agreed upon. dispute, prevent the emergence of a larger dispute 2) settlement of inheritance disputes by arbitration is quite effective in resolving inheritance disputes in the village, in resolving disputes through mediation, the parties are able to reach an agreement between them, so that the benefits of mediation are felt with minimal costs. issued and the time that is not long also reduces conflicts between heirs
ANALISIS PUTUSAN MK NO 13/PUU-XV/2017 TENTANG LARANGAN NIKAH DALAM SATU INSTANSI PERSPEKTIF MAQASHID AL-SYARI’AH
Full text linkThe Decision of Constitutional Court No 13/PUU-XV/2017 caused change in the Chapter 153 A Paragraph (1) Letter F of UUK about the prohibition marriage terhadap the colleagues. But the problem, is The Decision of Constitutional Court has fulfilled citizen’s constitutional right. The research uses doctrinal approach.The specification of this study is descriptive analysis. The result of analysis indicate that consideration UUD NRI 1945 and human right bill permitting that rule, whereas UUP doesn’t regulate it. However, Islam doesn’t forbit this regulation exactly but conditionaly the time, place, and situation. Based on maqashid al-syari’ah approach indicated that constitutional court judge in his deciding matter not according to principle of maqashid al-syari’ah. Therefore, the Decision of Constitutional Court No 13/PUU-XV/2017 hasn’t fulfilled citizen’s constitutional right
IMPLEMENTASI UNDANG-UNDANG ASN DALAM TAHAPAN PILKADA KABUPATEN TUBAN TAHUN 2020
Full text linkThe purpose of this paper is to: Explain the legal study of the implementation of Law Number 5 of 2014 concerning the State Civil Apparatus (ASN) in the stage of selecting the regional head of Tuban Regency. This research is a type of qualitative research. This research emphasizes on election management institutions, so the main approach used is the institutional network approach to Bawaslu, namely through a legal approach and a conceptual approach. Meanwhile, the legal material uses laws related to elections and its derivatives, namely the Bawaslu regulations in dealing with election violations. The realization of the neutrality of the State Civil Apparatus in the Pilkada can be carried out by optimally involving several related institutions, including the State Civil Apparatus Commission (KASN), Bureaucratic Leaders, Regional Inspectorates, and the Regional Civil Service Agency, the General Election Commission (KPU) and the General Elections Supervisory Agency (KPU). BAWASLU). The results of this study can be explained in the context of the Tuban Regency Pilkada on the legal settlement of findings of violations at the pilkada stage by ASN, the Tuban Regency Bawaslu then sends the results of the study and findings to the State Civil Apparatus Commission and by the institution a warning letter of recommendation is issued to the candidate.Tujuan penulisan ini untuk: Menjelaskan kajian hukum atas Implementasi Undang-undang Nomor 5 Tahun 2014 tentang Aparatur Sipil Negara (ASN) dalam tahapan pemilihan kepala daerah Kabupaten Tuban. Penelitian ini termasuk jenis penelitian kualitatif. penelitian ini menekankan pada institusi penyelenggara Pemilu, maka pendekatan utama yang digunakan adalah pendekatan jaringan kelembagaan kepada Bawaslu yaitu melalui pendekatan undang-undang dan pendekatan konseptual. Sedangkan bahan hukumnya menggunakan undang-undang terkait dengan pemilu serta turunan di bawahnya yaitu peraturan bawaslu dalam menangani pelanggaran pemilu. Perwujudan netralitas Aparatur Sipil Negara dalam Pilkada dapat dilakukan dengan melibatkan secara optimal beberapa institusi terkait, di antaranya Komisi Aparatur Sipil Negara (KASN),Pimpinan Birokrasi, Inspektorat Daerah, dan Badan Kepegawaian Daerah, Komisi Pemilihan Umum (KPU) dan Badan Pengawas Pemilihan Umum (BAWASLU). Hasil penelitian ini dapat dijelaskan dalam konteks Pilkada Kabupaten Tuban atas penyelesaian hukum temuan pelanggaran pada tahapan pilkada oleh ASN, Bawaslu Kabupaten Tuban selanjutnya mengirimkan hasil kajian dan temuan tersebut ke Komisi Aparatur Sipil Negara dan oleh lembaga tersebut diterbitkanya berupa surat rekomendasi peringatan terhadap calon tersebut