Justicia Islamica (Journal)
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Urgensi Aspek Pidana Dalam Mengawal Aktivitas Pasar Modal
No full textThis study aims to analyze the role of criminal aspects in overseeing capital market activities to create a fair and transparent system. The method used is qualitative with a normative-juridical approach, through a literature review of capital market legal regulations and cases of violations that have occurred. The results show that criminal instruments have an important role in preventing and prosecuting violations, such as insider trading, market manipulation, and the dissemination of misleading information. The application of criminal sanctions in capital market regulations aims to increase legal certainty, protect investors, and maintain economic stability. This study confirms that strengthening criminal aspects, including more assertive law enforcement, is necessary to create a healthier, more integrated, and sustainable capital market
Implementasi UU No 23 Tahun 1997 Tentang Pencemaran Lingkungan Hidup: Studi Terhadap Masyarakat Kabupaten Gresik
No full textThis study aims to analyze the implementation of Law No. 23 of 1997 concerning Environmental Management in Gresik Regency, especially in handling cases of environmental pollution. Gresik Regency, as an industrial area, faces major challenges in maintaining a balance between economic development and environmental sustainability. This study uses a qualitative method with a field and literature study approach, involving regulatory analysis, interviews with stakeholders, and observation of the impact of pollution. The results showed that the implementation of Law No. 23 of 1997 still faces various obstacles, such as weak supervision, lack of public awareness, and dominant industrial interests. Although there are efforts to enforce environmental law and policy, their effectiveness still needs to be improved. This study emphasizes the importance of synergy between the government, industry, and the community in implementing environmental regulations more optimally
Menggali Potensi Wakaf Produktif Untuk Kesejahteraan Umat
No full textThis study aims to explore the potential of productive waqf as an Islamic economic instrument in realizing the welfare of the ummah. Using a qualitative method and a literature study approach as well as secondary data analysis, this study examines the concept, practice, and challenges of implementing productive waqf in Indonesia. The results show that productive waqf has great potential to support the economic development of the ummah, especially in the education, health, and economic empowerment sectors. However, challenges such as low waqf literacy, weak nadzir management, and limited technical regulations are still major obstacles. This study recommends increasing the capacity of waqf managers, regulatory support, and synergy between sharia financial institutions and waqf institutions so that the potential of productive waqf can be optimized in a sustainable manner
Menggagas Metodologi Hukum Islam Masa Depan: Kajian Tentang Rekonstruksi Usul al-Fiqh
No full textThis study aims to initiate a future Islamic legal methodology through a critical study of the reconstruction of the principles of fiqh. The method used is qualitative with a historical-philosophical approach, through an analysis of the development of classical principles of fiqh and its response to the challenges of modern times. The results of the study show that the traditional framework of usul al-fiqh, which is largely influenced by theological and scholastic mindsets, needs to be reconstructed to be more adaptive to contemporary social, political, and cultural dynamics. This reconstruction includes renewing the ijtihad paradigm, strengthening the maqashid Syariah approach, and integrating it with social sciences. This study emphasizes that the methodological renewal of usul al-fiqh is a strategic step towards making Islamic law more contextual, relevant, and solution-oriented in addressing the problems of the ummah in the future
Maqashid Syariah dan Fatwa MUI: Dampak Prohibisi Salam Antaragama terhadap Keseimbangan Keluarga dan Keharmonisan Multireligius: Maqasid al-Shariah and its Implications for Multicultural Families in Indonesia
No full textThe fatwa issued by the Indonesian Ulema Council (MUI) on the prohibition of interfaith greetings by Muslims has triggered significant discourse in the context of Indonesia's religiously and culturally plural society. This research aims to analyze the theological basis of the fatwa and its socio-cultural implications, especially in the context of multicultural families, through the maqasid syariah approach. Using a qualitative method based on content analysis, this research examines fatwa documents and related literature that discuss Islamic legal theory and interfaith social dynamics. The results show a tension between the principle of hifz al-din (protection of religion) and the goals of adl (justice) and maslahah (public welfare), especially since the implementation of this fatwa has the potential to cause emotional tension, social fragmentation, and decreased cohesion in interfaith families and communities. This study confirms that a normative and rigid theological approach, if it does not consider socio-cultural realities, can hinder efforts to build interfaith harmony. Therefore, a contextual and dialogical approach is needed in the stipulation of fatwas so that they are in line with the lived experience of Muslims in pluralistic societies. These findings provide conceptual and practical contributions to the development of Islamic fiqh that is more inclusive and adaptive to social diversity in Indonesia.Abstrak: Fatwa Majelis Ulama Indonesia (MUI) yang melarang umat Islam untuk mengucapkan salam antaragama telah memicu perdebatan di masyarakat Indonesia yang dikenal dengan keragaman agama dan budayanya. Penelitian ini bertujuan untuk menganalisis fatwa MUI dari perspektif Maqashid Syariah, dengan fokus pada dampaknya terhadap dinamika hubungan keluarga dalam konteks keberagaman agama dan tantangan dalam menciptakan keharmonisan antarumat beragama. Metode yang digunakan adalah pendekatan kualitatif dengan analisis konten terhadap teks fatwa MUI serta literatur terkait Maqashid Syariah dan hukum keluarga Islam. Data dikumpulkan melalui studi dokumentasi terhadap teks fatwa, buku, artikel, dan publikasi akademik. Teknik analisis data meliputi identifikasi tema utama dalam fatwa MUI, perbandingan dengan prinsip-prinsip Maqashid Syariah, serta evaluasi dampaknya terhadap hubungan keluarga dan keharmonisan sosial. Hasil analisis menunjukkan bahwa fatwa ini bertujuan untuk mempertahankan identitas Islam dan melindungi agama, tetapi juga berpotensi menyebabkan ketidakadilan dalam hubungan keluarga multikultural dan merusak hubungan antaragama. Penelitian ini menekankan perlunya dialog inklusif antara cendekiawan, akademisi, dan pemangku kepentingan untuk menemukan solusi yang mendukung keadilan agama dan kepentingan publik dalam masyarakat multikultural. Disarankan agar pendekatan yang lebih toleran dan inklusif diterapkan untuk mencapai keharmonisan antaragama di Indonesia
Syariat in Action: Assessing the Impact of Jinayat Law on Social Order in Aceh
No full textThis research aims to examine in depth how the application of Qanun Jinayat in Aceh affects the dynamics of social order in the community. With a qualitative approach based on case studies, this study explores the perceptions of various community groups including religious leaders, law enforcement officials, and vulnerable groups to understand the effectiveness, challenges, and social impacts of the implementation of sharia-based law. Data was collected through in-depth interviews, field observations, and focus group discussions in four strategic areas of Aceh, and then analyzed thematically with the help of ATLAS.ti software. The results of the study show that although the jinayat law contributes to a reduction in moral offenses such as gambling and alcohol consumption, its implementation is not uniform and still faces various obstacles, both technical, social, and legal. Concerns about discriminatory treatment of women and minority groups are also a major concern. Therefore, it is recommended that there be harmonization between qanun and national law and the strengthening of protection for vulnerable groups, so that the application of this law can take place fairly and inclusive in order to maintain social stability in Aceh
The Legal Responsibility of the General Elections Commission in the 2024 Election Data Leak: Integration of Personal Data Protection Laws and the Principle of Sadd al-Dharī‘at
No full textIndonesia’s transition to digital governance has amplified the urgency of personal data protection, especially following the 2024 General Election data leaks, which exposed over 204 million voter records. This study investigates the legal responsibility of the General Election Commission (KPU), as the institution mandated to organize general elections, under Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) and Islamic legal doctrine, particularly the principle of sadd al-dharī‘at (preventing harm). This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The study analyzes primary legal materials and comparative frameworks such as the General Data Protection Regulation (GDPR). The findings reveal that despite UU PDP’s existence, implementation remains weak due to inadequate digital infrastructure and limited institutional accountability. The research highlights a dual legal gap: insufficient positive law enforcement and underutilization of preventive Islamic principles. The novelty of this study lies in integrating sadd al-dharī‘at with UU PDP to offer a preventive legal solution that strengthens institutional data security. The implication suggests the urgency of harmonizing regulatory frameworks and enhancing legal awareness within electoral institutions to ensure public trust and uphold digital democracy
Sengketa Penguasaan Hak Atas Tanah: Refleksi Terhadap Sengketa Tanah Antara TNI dan Masyarakat
No full textThis study aims to analyze disputes over land rights between the Indonesian National Armed Forces (TNI) and the community and their implications for land policy in Indonesia. This study explores the factors causing disputes, the legal basis used by each party, and potential solutions that can be applied. The methods used were library research and case analysis with a descriptive-qualitative approach. Data was obtained from legal documents, laws and regulations, and court decisions related to land dispute cases. The results showed that land disputes between the TNI and the community are generally caused by overlapping land rights claims, land administration discrepancies, and historical land ownership factors. Dispute resolution often faces legal and social obstacles, requiring more transparent and equitable policies. This study recommends strengthening the land administration system and a mediation approach to resolve conflicts in a sustainable manner
Pembaharuan Hukum Islam: Perspektif Muhammad Abduh
No full textThis study aims to analyze the concept of Islamic law reform in the perspective of Muhammad Abduh and its relevance in the context of modern Islamic law. The method used is normative juridical research with a historical and conceptual approach, through a study of the literature of Abduh's works and the thoughts of contemporary scholars. The results of the study show that Abduh emphasizes ijtihad as the main instrument in the renewal of Islamic law, by rejecting taqlid which limits the development of law. He argues that Islamic law must be dynamic and able to adapt to social change, without neglecting the basic principles of sharia. His thinking made a significant contribution to the reform of Islamic law, especially in building a legal system that is more rational and in line with the needs of modern society. This study emphasizes the importance of a contextual approach in understanding and developing Islamic law
Politik Hukum Islam di Indonesia: Studi Terhadap Legislasi Kompilasi Hukum Islam (KHI)
No full textThis study aims to analyze the politics of Islamic law in Indonesia through a study of the process of legislating the Compilation of Islamic Law (KHI). The method used is normative juridical research with a historical and legal policy approach, through the analysis of legislation documents, government policies, and the social dynamics behind the drafting of the KHI. The results show that the KHI legislation is a compromise between Islamic norms and state policy in building a harmonious legal system. The KHI plays an important role in the unification of Islamic law in Indonesia, although it still faces challenges in its implementation, especially related to the diversity of schools of thought and social change. This study emphasizes that the politics of Islamic law in Indonesia is dynamic and influenced by the interests of the state and the aspirations of Muslims in the formation of regulations that are more responsive to the needs of society