Justicia Islamica (Journal)
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Impact of Implementation of Halal Tourism in West Nusa Tenggara Province: Maqashid al-Sharia Perspective
No full textThis study aims to analyze the benefits and harms of implementing Halal Tourism in West Nusa Tenggara Province from the perspective of maqashid al-sharia. This study uses a qualitative method with a phenomenological approach and holistic Fiqh theory. The phenomenological approach is carried out to analyze social phenomena after implementing halal tourism. The Fiqh theory approach focuses more on Islamic law within the scope of maqashid al-sharia. The results of the study state that the impact of halal tourism in West Nusa Tenggara Province on the community, tourists, and the government is dominated by benefit rather than benefit. The impact of halal tourism from the perspective of maqashid al-sharia can be seen from indicators in maintaining religion (hifdz ad-din) in halal tourism, namely the convenience for tourists with the availability of prayer facilities in each destination. In protecting life (hifdz an-nafs), local governments are increasing the number of halal certifications, localization of Halal tourism destinations, and restrictions on alcoholic beverages. In maintaining reason (hifdz al-'aql), the role of the community in developing halal tourism is carried out through Islamic boarding schools. In protecting offspring (hifdz an-nasl), tourists and the public can use several sharia-compliant lodging accommodations such as the Syariah Motel and the Grand Madani Syariah Hotel. Meanwhile, in protecting assets (hifdz al-maal), the community and government provide halal businesses and Islamic financial institutions such as Bank NTB Syariah. The contribution of this article is a guide for the government in making policies and regulations for the implementation of halal tourism in Indonesia
Omnibus Law Sentiment and its Impact on the Halal Certification Program in Indonesia
No full textThis study aims to determine the sentiments of scholars in Indonesia regarding research and studies that address the topic of Omnibus Law. The data analyzed was in the form of research publications related to the Omnibus Law, with as many as 60 articles spanning 2017 to 2020. Based on the analysis results, the assessment of texts related to Omnibus Law in Indonesia shows a positive sentiment of 40%, a neutral sentiment of 32%, and a negative sentiment of 28%. The optimistic view discusses the importance of the Omnibus Law, which summarizes the bureaucracy and solves the many overlapping regulations. Negative sentiment has given much criticism about the passage of the Omnibus Law, which is inappropriate, not transparent, and controversial, such as the Job Creation Bill. Meanwhile, neutral sentiment is in an intermediary position, namely discussing the positive sides of the Omnibus Law but also criticizing things that are not quite right and providing solutions and suggestions. Intellectual sentiment shows the highest positive and contrasts public sentiment in demonstrations due to disappointment with implementing the Omnibus Law. As an effort to cut bureaucracy, the Omnibus Law also discusses and regulates halal certification. The Omnibus Law's existence has positively influenced accelerating the halal certification process in Indonesia, especially targeting the micro and small business sectors. This aligns with Indonesia's optimistic mission to become the center of the world's halal industry in 202
SARO-SARO: RELEVANCE OF CUSTOM SYMBOLS AND THE PROHIBITION OF HIJAB IN MUSLIM COMMUNITY WEDDINGS IN JAILOLO SELATAN DISTRICT, WEST HALMAHERA REGENCY
No full textThis article explores the Saro-saro tradition in the marriage of the Jailolo Muslim Society. In this tradition, traditional symbols should be obeyed, such as the use of conventional clothing, a headscarf bun as a standard symbol, and the prohibition of wearing hijab. This research is qualitative research with an ethnographic approach. Research findings show the ban on head coverings or hijabs and the use of buns as a symbol of tradition, even though they wear hijabs daily. The obligation to wear a bun rule out the obligation to wear a hijab for a Muslim woman at a wedding. Implementing saro-saro is a traditional ritual classified as mubah (allowed) to be applied; merely the conventional symbol, which needs a bun for saro for those who wear hijab, is contrary to Islamic law. When the traditional provision and Islamic law provisions are contradictory, it is a must to negotiate and dialogue then preempt the main requirements on the philosophy of "adat matoto agama, agama matoto kitabullah, and Sunnah Rasulullah," so the tradition and Islamic law can get along in harmony.Saro-saro, is a series of activities after the marriage ceremony which is formed in a philosophical wrap with a meaningful prayer ritual performed by the elders in the family of the male and female parties, asking for blessings, safety and a smooth journey for the newlyweds' household. This ritual is a tradition in the people of North Maluku. The saro-saro tradition originated from the tradition of the Sultanate, then was practiced by other communities until it became a tradition in general. In this procession there are traditional symbols that must be obeyed, namely the elders (mothers) who are responsible for carrying out the saro procession or commonly called si saro must wear traditional clothes which are characteristic or can be said to be traditional symbols. The traditional symbol is not wearing a head covering (hijab) even though they wear the hijab every day. The purpose of this research is to provide understanding and knowledge to which community should take precedence over religious provisions or customary provisions. This research is in the form of ethnographic qualitative research with empirical and theoretical approaches. The results of the study stated that the implementation of saro-saro is a customary ritual that is punished by mubah to be implemented, it's just that the customary symbol that requires removing the hijab for the saro who wears the hijab is against the shari'a. The community should prioritize the provisions of the Shari'a and then follow the traditions, such as the motto "adat matoto religion, religion matoto Kitabullah and the Sunnah of the Messenger of Allah"
Implementasi Undang-Undang No 5 Tahun 2018 tentang Terorisme Melalui Penguatan Moderasi Beragama
No full textThis article aimed to find the form of the role of strengthening religious moderation in implementing Law No. 5 of 2018 concerning Terrorism, considering that the two have overlapping focuses. This paper is based on field research conducted at two State Islamic Higher Education (PTKIN) that feature religious moderation programs. The approach taken in this research was legal sociology, precisely legal effectiveness. As a result, the form of strengthening religious moderation carried out by PTKIN in preventing radicalism, which is part of combating terrorism, has not played a significant role. Differences in the conditions of the regions where PTKIN is located are insufficient to differentiate the programs to enhance religious moderation. Therefore they have no implications for the role performed in preventing the notion of radicalism, particularly terrorism. Factors that create obstacles to implementing Law No. 5 of 2018 through strengthening religious moderation are aspects of the legal structure and legal substance.This article aims to find the role of strengthening religious moderation in implementing Law No. 5 of 2018 Concerning Terrorism, because both have an overlapping focus. This paper is a field research in two State Islamic Religious Universities (PTKIN) that have religious moderation strengthening programs. The approach used in this paper is the sociology of law, namely legal effectiveness. As a result, the form of strengthening religious moderation carried out by PTKIN in preventing radicalism which is part of the prevention of terrorism has not shown a significant role. The difference in the condition of the region where PTKIN is located, is not enough to distinguish the religious moderation strengthening program implemented so that it does not have implications for the role played in preventing radicalism, especially terrorism. Factors that make obstacles for the implementation of Law Number 5 of 2018 through strengthening religious moderation are in the aspects of legal structure and legal substance
PERLINDUNGAN HAK SPIRITUAL KONSUMEN MUSLIM DALAM PROGRAM SERTIFIKASI HALAL JALUR PERNYATAAN PELAKU USAHA (SELF DECLARE)
No full textThe end of the Government Regulation in Lieu Law No. 2 of 2022 concerning Job Creation significantly changes the Halal Product Guarantee Law. The Indonesian Ulema Council is no longer authorized to issue fatwas on products filed under the Self Declare program. The transition from the Fatwa Commission to the Fatwa Committee, whose members are academics and ulama, as well as the accelerated halal certification program for institutions under the Ministry of Religion, may provide opportunities for violations for both business actors and PPH assistants, potentially affecting the spiritual rights of consumers. This article examines the government's strategy for promoting the halal business through self-declaration and comprehending the notion of ensuring Muslim customers' spiritual rights in the self-declare halal certification program. This normative legal research article has a conceptual, statutory, and case approach. This research is classified as library research since it relies on library materials as a normative legal research data source. According to the study's findings, the self-declare program is one of the government's methods for achieving 10 million halal certificates by 2024. However, this program needs further evaluation, particularly in terms of supervision. If PPH assistants and business actors apply the provisions of the Law, the spiritual rights of consumers as part of their religious rights granted by the Constitution can be fulfilled.Undang Undang No. 11 Tahun 2020 tentang Cipta Kerja memberikan dampak yang cukup krusial bagi Undang Undang No. 33 Tahun 2014 tentang Jaminan Produk Halal, terdapat dalam Pasal 4A UU No. 11 Tahun 2020 bahwasannya “pernyataan halal atau self declare” merupakan dasar bagi pelaku usaha mikro dan kecil untuk memperoleh sertifikat halal. Sehingga para pelaku usaha mikro kecil mendapatkan banyak kemudahan dari program pernyataan pelaku usaha tersebut. Tulisan ini bertujuan untuk mengetahui konsep pelaksanaan self declare dan untuk menganalisis implementasi pemberlakuan program sertifikasi halal melalui self declare bagi perlindungan hak spiritual konsumen muslim di Indonesia. Artikel ini merupakan hasil penelitian hokum doctrinal dengan menggunakan pendekatan perundang undangan dan pendekatan konseptual, melalui teori spiritualitas dan konsep self declare . jenis penelitian ini dikategorikan sebagai penelitian kepustakaan. Berdasarkan hasil kajian, dapat diketahui bahwasannya Seiring dengan kemudahan yang diberikan oleh pemerintah kepada pelaku usaha mikro dan kecil, jaminan akan hak spiritual konsumen tersebut sudah direalisasikan dalam Undang Undang No 33 tahun 2014 tentang JPH dan beberapa turunan aturan perundang undangan dibawahnya. Hak atas produk halal merupakan hak spiritual konsumen muslim, yaitu hak atas produk yang sesuai dengan asas asas agama islam baik secara tersirat maupun tersurat.
 
Dynamics of Child Marriage in Suku Anak Dalam Community
No full textThis paper aims to explain the dynamics of child marriage and its impact on the Suku Anak Dalam community. This research uses observation, interview, and documentation methods, in which researchers directly go to the field to observe and interview perpetrators of early marriages and tribal chiefs. The results of the study show that the Suku Anak Dalam community has its own rules and traditions regarding the appropriate age limit for marriage and does not include provisions in the law that have been positive. This tradition is a way of measuring the maturity of the bride and groom. According to the Suku Anak Dalam, men can get married if they can earn a living through skill tests in hunting animals or are suitable for farming. At the same time, women are considered adults if they have menstruated. Child marriage is generally a tradition passed down from generation to generation and is an unwritten legal system in society. This practice is a form of neglect regarding women's rights in domestic life, which impacts divorce, physical health, malnutrition, and marriage administration. Several factors, including tradition, arranged marriages/endogamous marriages, economics, promiscuity, and gender inequality, cause this child marriage
Medical Assistance in Dying (MAiD): Human and Humanity in the Study of Fiqh Maqashid
No full textThis study aimed to formulate the construction of fiqh maqashid as a standardization of the concept of humanity in Medical Assistance in Dying (MAiD). This study contributes to actualizing fiqh maqashid as a standardization of values in solving humanitarian problems. This is based on the phenomenon of MAiD, which is considered controversial in the eyes of social religion and state law as in the concept of Islamic law (fiqh), which sees that the protection and realization of human existence and humanity are essential values in the study of Islamic law (fiqh). This argumentation must be elaborated in depth regarding interests and benefit elements in the MAiD phenomenon. The stages of the realization of benefits in the context of the approach to Islamic law (fiqh) are one of the representations and forms of elasticity in the study of the objectives of Islamic law (maqashid al-sharia). The relevance of maqashid al-sharia studies as a form of maqashid fiqh approach is considered to carry urgency in determining aspects of benefit in the MAiD phenomenon and representing maqashid fiqh in realizing human protection and humanity. This study uses literature research with data from various phenomena and regulations on MAiD, which are presented descriptively and then critically analyzed through the fiqh maqashid approach. This study found that the realization of the MAiD program through euthanasia has implications for the non-realization of the essential values of maqashid al-sharia in fiqh maqashid. This study confirms that fiqh maqashid has an orientation towards solving human problems based on humanit
Optimizing the Wukuf-”˜Arafah Time Determination Model According to the Governments of Saudi Arabia and Indonesia
No full textEid al-Adha is a historic moment for Muslims not only in Indonesia but also for Muslims around the world. Based on astronomical reckoning data, it is known that determining the beginning of the month of Dzulhijja 1443 H is essential to have a difference. This is interesting to study because it has an impact on Muslims. For the government of Saudi Arabia, the Ummul Qura calendar is a civil calendar used for administrative purposes. Meanwhile, for the sake of worship, determining religious days in one of them determines that Ramadan, Shawwal, and Dzulhijja become the authority of the al-Qodi al-a'la assembly. The Government of Indonesia, through the Ministry of Religion as of Ramadan 1443 H, has used the MABIMS New Criteria in determining the beginning of the Hijriya month so that with the enactment of this new criterion, there is a difference in determining the time of Wukuf-Arafah between the Saudi and Indonesian Governments. Based on these differences in determination, two problem formulations want to be studied further. First, how do the Saudi and Indonesian Governments use the model/method in determining the time of wukuf-arafah, and secondly, for Muslims with differences in determining the time of wukuf-arafah? To answer the formulation of the problems, this study analyzes it based on the Ummul Qura Calendar system used by the Saudi Government and Imkanur rukyat with the new MABIMS criteria used by the Indonesian Government. One application of the new MABIMS criteria in Indonesia is the difference in Eid al-Adha between the Government of Indonesia and one of the religious mass organizations, Muhammadiyah. Another implication is that various polemics are developing in the community regarding whether or not fasting the Sunnah of Arafah is different from the determination of the day of Wukuf
PRINSIP PROPORSIONAL PERTANGGUNGAN GANTI RUGI DALAM PERKARA WANPRESTASI AKAD MUSYARAKAH (Analisis Putusan Mahkamah Agung RI Nomor 624 K/AG/2017)
No full textThis research explores the law consideration used as the foundation of the appearance of the obligation of compensation due to default in the musharakah verdict agreement. In practice, the bias between Islamic and conventional banks often occurs, especially regarding the musharakah agreement, which is sometimes interpreted as a debt agreement, as commonly occurs in traditional banks. Using a normative law research approach, the writer analyzes the internal works of law standards by using decisions of the first level of Religious Courts judges and the cassation level as the object. Based on the analysis, there are two types of law approaches of the judges: formal justice and substantive justice. The judges at the first level of the judiciary used a traditional method by comparing the sound of agreement and the facts of the court. Meanwhile, the substantive justice approach was taken from the cassation level judges who consider not only the agreement's validity but also the agreement's substantial. In this case, the judges on the cassation level managed to explore the substance of equality and partnership principles in the Musharakah agreement. Considering the precautionary principle in the implementation of financing by Islamic banking and the legal relation between the participants of the musharakah agreement, the deficiencies in this agreement will be burdened to each party as the fund deposited proportionally. This research contributes to the conflict resolutions of the Musharakah agreement proportionallyPada umumnya, ganti rugi akibat wanprestasi dibayarkan oleh pihak yang tidak melaksanakan kesepakatan akad. Namun putusan kasasi yang dikeluarkan Mahkamah Agung Nomor 624 K/AG/2017 memberikan perspektif lain dalam hal pembebanan ganti rugi. Dengan latar belakang akad musyarakah antara debitur dengan kreditur sebuah bank syariah di Sumatera Utara, Majelis Hakim memutuskan kerugian yang menjadi objek sengketa menjadi beban debitur dan kreditur untuk membayarnya secara proporsional. Penelitian ini bertujuan untuk menggali pertimbangan hukum yang dijadikan landasan munculnya prinsip proporsional dalam menanggung ganti rugi wanprestasi akad musyarakah di dalam putusan Mahkamah Agung RI Nomor 624K/AG/2017. Dengan menggunakan pendekatan penelitian hukum normatif, penulis menganalisis cara kerja internal standar-standar hukum dengan menjadikan putusan Mahkamah Agung tersebut sebagai objeknya. Berdasarkan analisis yang dilakukan, putusan Kasasi ini menggali prinsip kesetaraan dan kemitraan dalam akad musyarakah. Karena musyarakah adalah bentuk kontrak kerjasama di mana pihak bank maupun nasabah memberikan kontribusi dana dengan kesepakatan setiap laba dan rugi ditanggung bersama. Maka ketika terjadi penyusutan modal musyarakah, hal tersebut menjadi kerugian akad, bukan wanprestasi salah satu pihak. Untuk selanjutnya, kerugian tersebut dibebankan kepada masing-masing pihak, sesuai proporsi modal yang disetorkan
The Authoritativeness of Fatwa: A Study of Sharia Banks' Compliance with the DSN-MUI Fatwa on Fund-Raising
No full textThis article investigates the background of Bank SS Syariah Jatituwo Branch Office's decision to launch the Protab program, which conflicts with Fatwa No. 86/DSN-MUI/XII/2012 of the Indonesian Ulema Council (DSN-MUI) concerning Gifts in Fundraising for Islamic Financial Institutions. The decision in the case of Bank SS Syariah Jatituwo raises questions about the DSN-MUI Fatwa's binding power over Islamic financial institutions in Indonesia. The information in this research gathered from the leaders and officials of Bank SS Syariah Jatituwo was analyzed using the theory of fatwa in Islamic legal thought and the role of the DSN-MUI Fatwa in the Indonesian national legal system. This study concludes that the position of a non-binding fatwa is correct according to Islamic law. This, however, violates the direction of positive law in Indonesia, which in principle gives the DSN-MUI Fatwa binding power and requires Bank Indonesia to transform the material for the DSN-MUI Fatwa, which contains sharia principles regarding sharia economy and finance, into material content of statutory regulations. have legal and binding force. Because these requirements have not been made the standard in laws and regulations and have only been appointed in concept, the Director of Bank SS Syariah Jatituwo uses loopholes to disagree with fatwas and laws.This article investigates the background of Bank SS Syariah Jatituwo Branch Office's decision to launch the Protab program, which conflicts with Fatwa No. 86/DSN-MUI/XII/2012 of the Indonesian Ulema Council (DSN-MUI) concerning Gifts in Fundraising for Islamic Financial Institutions. The decision in the case of Bank SS Syariah Jatituwo raises questions about the DSN-MUI Fatwa's binding power over Islamic financial institutions in Indonesia. The information in this research gathered from the leaders and officials of Bank SS Syariah Jatituwo was analyzed using the theory of fatwa in Islamic legal thought and the role of the DSN-MUI Fatwa in the Indonesian national legal system. This study concludes that the position of a non-binding fatwa is correct according to Islamic law. This, however, violates the direction of positive law in Indonesia, which in principle gives the DSN-MUI Fatwa binding power and requires Bank Indonesia to transform the material for the DSN-MUI Fatwa, which contains sharia principles regarding sharia economy and finance, into material content of statutory regulations. have legal and binding force. Because these requirements have not been made the standard in laws and regulations and have only been appointed in concept, the Director of Bank SS Syariah Jatituwo uses loopholes to disagree with fatwas and laws