Justicia Islamica (Journal)
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Public Interest Sebagai Sumber Hukum Islam: Studi Terhadap Konsepsi Al Maslahah Najm al-Din al-Tufi
No full textThis study aims to examine the concept of public interest as a source of Islamic law through Najm al-Din al-Tufi's thinking on al-maslahah. The method used is qualitative with a normative-philosophical approach, through a literature study of al-Tufi's works and classical and contemporary Islamic legal literature. The results of the study show that al-Tufi places al-maslahah as an independent source of law that can override other arguments in a particular social context, especially in the realm of muamalah and socio-politics. This concept is considered progressive because it emphasizes the flexibility of sharia in responding to the needs and interests of the ummah. This study concludes that al-Tufi's ideas provide ample room for ijtihad for the formation of Islamic law that is contextual, relevant, and responsive to the dynamics of the times
Genealogi Fiqih Shafi'iyyah Dalam Tradisi Matan, Sharah dan Hasiyah
No full textThis study aims to trace the genealogy of Shafi'i fiqh through the tradition of writing matan, sharah, and hasyiah as a form of transmission and development of fiqh knowledge. The method used is qualitative with a historical-hermeneutic approach, through the study of classical literature and philological studies of the main works in the Shafi'i school. The results of the study show that the matan tradition plays a role as the core of the teachings, sharah as a conceptual explanation, and hasyiah as a critical note or commentary on the explanation. These three forms form a complex and dynamic scientific network, reflecting the dialectical process of thought and the continuity of scientific authority in the Shafi'i school. This research emphasizes that the tradition of fiqh literacy is an important methodological legacy in understanding the structure, flexibility, and continuity of the Shafi'i school of thought until the contemporary era
KONVERGENSI ANTARA RESTORATIVE JUSTICE DENGAN AL-'AFWU UNTUK PEMBARUAN HUKUM ACARA PIDANA DI INDONESIA: Reforming Criminal Procedure Law in Indonesia
No full textDigital transformation in rural areas through the Smart Village concept has become a key strategy in sustainable development. Ministerial Decree No. 55 of 2024 on General Guidelines for Smart Village Development serves as the legal foundation for implementing the Smart Village policy, which aligns with the achievement of the Sustainable Development Goals (SDGs). By limiting the regulatory analysis to Ministerial Decree No. 55 of 2024, this article examines: (1) data standards and connectivity, (2) data protection and privacy, (3) financing and procurement, and (4) multi-stakeholder collaboration. The assessment of policy success is framed through five maqashid al-shariah dimensions: hifz al-din (ethical and inclusive governance), hifz al-nafs (health, safety, and food security), hifz al-aql (education and digital literacy), hifz al-nasl (family welfare and environmental sustainability), and hifz al-mal (economic empowerment and asset governance). Specifically, we contextualised our findings through case studies of Ponggok and Grajagan. The findings indicate that although the legal framework is clear, it remains limited to symbolic information and technology (ICT) infrastructure projects. Law enforcement and legal culture, which require partnerships among village officials, facilitators, and residents, receive insufficient attention. Other barriers include human resources, weak digital infrastructure, and poor coordination across actors. We recommend issuing a Village Regulation (Perdes) to operationalise Ministerial Decree No. 55 of 2024, which establishes data standards that are connected and easy to use, includes data protection clauses, and appoints trained village digital stewards. This study is intentionally limited to Ministerial Decree No. 55 of 2024; other regulations are noted as limitations and avenues for future research.Pengaturan hukum tentang restorative justice di Indonesia, yang memungkinkan adanya pemaafan terhadap pelaku tindak pidana, masih sebatas pada aturan internal penegak hukum, bukan pada tatatan undang-undang, kecuali terkait sistem peradilan pidana anak. Praktik atas model pengaturan yang demikian dikhawatirkan akan menimbulkan praktik disparitas penanganan perkara yang akan mengesampingkan keadilan dan kepastian hukum, sehingga pembaruan hukum acara pidana adalah suatu keniscayaan. Oleh karena itu, artikel konseptual ini memilih isu pemaafan terhadap pelaku tindak pidana melalui restorative justice dan mencoba mencari suatu titik temu dengan konsep al-”˜afwu menurut hukum Islam untuk pembaruan hukum acara pidana di Indonesia. Artikel ini termasuk sebagai penelitian socio-legal dengan menggunakan pendekatan perundang-undangan, konseptual, dan agama (studi hukum Islam) dan analisisnya bersifat deskriptif-preskriptif melalui bahan hukum primer serta sekunder yang dikumpulkan sekaligus diinventarisasi. Ke depan, pertama, pengaturan hukum mengenai pemaafan terhadap pelaku tindak pidana perlu untuk diatur dalam undang-undang. Kedua, hanya dapat diterapkan untuk tindak pidana tertentu. Ketiga, pemaafan terjadi karena memang dimaafkan oleh korban atau keluarga korban. Keempat, pemaafan harus ditetapkan oleh hakim. Kelima, pemaafan tidak menghapuskan pertanggungjawaban pidana pelaku, tetapi dapat mengurangi atau mengganti pidana
Kontroversi HAM dan Budaya
No full textThis study aims to analyze the controversy between human rights and culture, especially in the context of differences in universal values and local wisdom. The method used is qualitative with a descriptive-analytical approach, through a literature review of international human rights documents, cultural theory, and cases that reflect the clash between human rights and local traditions. The results showed that tensions between human rights and culture arise due to differences in perspectives in interpreting individual rights and social norms. On the one hand, human rights emphasize equality and universal freedom, while culture is often based on diverse community values. This study emphasizes that a dialogical and contextual approach is needed to bridge these differences, so that the application of human rights can be aligned with cultural dynamics without neglecting the principles of justice and humanity
Law Enforcement Dalam Mengawal Persaingan Dunia Usaha
No full textThis study aims to analyze the role of law enforcement in overseeing business competition to keep it healthy and fair. Uncontrolled business competition can lead to monopolies, cartels, and abuse of dominant positions that harm small businesses and consumers. This study uses a qualitative method with a literature study approach, examining regulations such as Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and the role of the Business Competition Supervisory Commission (KPPU). The results show that the enforcement of business competition law still faces challenges, such as weak sanctions, lack of inter-agency coordination, and obstacles in proving cases. This study emphasizes that effective law enforcement in business competition requires strict regulations, tight supervision, and legal awareness among business actors in order to create a healthy and competitive business ecosystem
Challenges and Solutions in the Appointment of Acting Regional Heads (PJ. Kepala Daerah) in Indonesia: A Sharia and Islamic Democracy Perspective
No full textThis study examines the mechanism of appointing regional heads in Indonesia from the perspective of sharia law and Islamic democracy. Using a qualitative approach with descriptive-comparative analysis, the research is based on document analysis and literature review of classical Islamic texts and contemporary Indonesian policies. The results show that although appointing regional heads without direct elections may be necessary under certain conditions to maintain administrative continuity, it raises concerns about legitimacy, transparency, and public participation. From the shariah perspective, the process must uphold justice, trust (amanah), and public welfare (maslahah), in line with Islamic ethical governance. Islamic democracy’s principle of shura (consultation) emphasizes community involvement in leadership selection. The study concludes that a hybrid model integrating meritocracy and shura can offer a solution by promoting democratic accountability and adherence to Islamic values. This contributes to understanding how democratic mechanisms can be harmonized with Islamic political thought in regional governance
Nalar Fiqh NU Pasca Munas Alim Ulama1992: Arah Baru Menuju Madhhab Manhaji
No full textThis study aims to examine the development of the fiqh reasoning of Nahdlatul Ulama (NU) after the 1992 Alim Ulama National Conference, which marked a paradigm shift from the qauli madhhab to the manhaji madhhab. This transformation reflects NU's efforts to respond to socio-contextual challenges with a more open and dynamic methodological approach. This study uses a qualitative method with a literature study approach, analyzing official NU documents, the results of bahtsul masail, and literature related to manhaji fiqh. The results show that NU has begun to prioritize the principles of maqashid syariah, maslahah, and a contextual approach in making law, without abandoning the roots of the madhhab tradition. This change directs NU fiqh towards a pattern of thinking that is more solution-oriented, inclusive, and adaptive to the times. This study emphasizes the importance of the madhhab manhaji as a framework for istinbath of law that is relevant to contemporary society
Reconstructing the Concept of Nafkah in Islamic Legal Thought: Gender Reciprocity and Female Breadwinners In the Javanese Priyayi Society Culture, Java
No full textThis article interrogated the phenomenon of female breadwinners within Javanese society, with a particular focus on priyayi women from both the royal court and the contemporary elite. It explores how evolving gender roles contest classical Islamic jurisprudential frameworks regarding financial responsibility (nafkah). The central aim is to reconceptualise nafkah in Islamic legal discourse, critically examine the impact of Javanese cultural paradigms on women’s social positioning, and advocate for a more contextually nuanced and inclusive Islamic legal framework that accurately reflects the lived experiences of Muslim women in Java. Employing a qualitative methodology that integrates textual analysis, in-depth field interviews, and the theoretical lenses of individual resilience, maqāṣid al-shariah, and mubādalah (reciprocity), the research elucidates the extraordinary social and spiritual resilience displayed by priyayi women as they navigate patriarchal stigma and the complexities of dual economic responsibilities. Cultural constructs such as nrimo (acceptance) and laku spiritual (spiritual practice) are not merely passive acquiescence but are reframed as adaptive strategies consonant with the values of maṣlaḥah (public welfare) and iḥsān (moral excellence). Drawing upon these insights, the study advocates for a contextual reconstruction of gender roles in Islamic law, anchored in three foundational principles: reciprocity (mubādalah), public benefit (maṣlaḥah), and cultural contextuality. Ultimately, the article argues that Javanese female breadwinners should not be seen as anomalies within Islamic tradition, but rather as living manifestations of justice, equality, and humanistic values, situated within an evolving, culturally embedded understanding of Islam
Fidusia: Kajian Terhadap Perjanjian Jaminan di Bawah Tangan
No full textThis study aims to analyze the concept of fiduciary in a handwritten collateral agreement and its implications in legal practice in Indonesia. This study explores the legal validity, executory power, and legal risks arising from unregistered fiduciary agreements. The research method used is library research with a juridical-normative approach. The research sources include the Fiduciary Guarantee Law, court decisions, and relevant legal literature. The results of the study show that underhand fiduciary agreements have weaknesses in the aspect of legal protection for creditors, especially in the process of collateral execution. The non-registration of fiduciary rights results in the inability to directly enforce executory rights, creating the potential for legal disputes. This study emphasizes the importance of registering a trust to provide legal certainty and stronger protection for parties in collateral agreements
Kontribusi Umer Chapra Dalam Membangun Sistem Ekonomi Islam
No full textThis study aims to analyze Umer Chapra's contribution to building an Islamic economic system and its relevance to the development of contemporary Islamic economics. The method used is qualitative research with a descriptive-analytical approach through a literature study of Chapra's works and the Islamic economic concepts he developed. The results show that Chapra emphasizes the integration of sharia principles and modern economic theory to create an equitable economic system. He criticized the weaknesses of the capitalist and socialist systems and offered an Islamic economic concept based on the maqāṣid al-sharī'ah, which prioritizes social welfare, fair distribution of wealth, and economic stability. His ideas became the basis for the development of Islamic economic policies in various countries. This study confirms that Chapra's theory has strong relevance in building a more inclusive and sustainable economic system