Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Political Law of Electronic System Implementation in Indonesia
Full text linkIn a rapidly evolving digital landscape, understanding the legal and political dimensions of electronic system regulation is critical to facilitating responsible, transparent, and effective governance. This research aims to explore the legal politics of implementing electronic systems in Indonesia. This regulation is crucial in the context of modern governance, as it deals with the operation and management of electronic systems, a significant aspect in contemporary society. This study examines legal aspects, assessing the compliance of Regulation No. 05/2020 with existing legislation and international standards, while also exploring its practical implications. These regulations address issues such as data protection, cybersecurity, and the role of electronic systems in public administration, requiring a careful analysis of their legal power and effectiveness. Additionally, the study investigates the political dimension of regulation, considering its implications for governance and democracy. It examines the potential impact of these regulations on citizens\u27 rights, government control, and transparency in the digital age, focusing on how these regulations affect political power dynamics and civic engagement. Therefore, the study concludes by highlighting the importance of Regulation No. 05/2020 and emphasizing the need for a balanced approach that ensures legal compliance and political integrity, while also encouraging the growth and development of electronic systems within legal and political frameworks
Darul Ahdi wa Syahadah and the Implementation of Maqasid Al-Shariah in the Context of the Pancasila State
Full text linkThis research explores the application of the concept of Darul Ahdi Wa Syahadah as a foundation for implementing Maqasid al-Shariah within the context of the Pancasila state. The aim is to examine how Islamic values, which protect religion, life, intellect, progeny, and property, align with the principles of pluralism and diversity enshrined in Pancasila, ultimately striving to achieve a just, prosperous, and harmonious Indonesian society. Using a qualitative approach with a literature review and critical discourse analysis, this study examines various scientific works, official Muhammadiyah documents, and public policy reports. Findings reveal that Darul Ahdi wa Syahadah and Maqasid al-Shariah can harmonize in public policies that promote social justice and welfare in alignment with Pancasila’s principles, underscoring the role of Muhammadiyah as a key agent in integrating Islamic values with state ideology. Despite significant challenges, particularly concerning pluralism and religious freedom, these concepts hold substantial potential to reinforce social and political stability in Indonesia. Future research should focus on developing specific indicators to assess the effectiveness of Darul Ahdi wa Syahadah and Maqasid al-Shariah in public policies across sectors such as education, economic development, and healthcare. Additionally, empirical studies should be conducted to evaluate the broader societal reception of these concepts within Indonesia\u27s pluralistic framework
Unraveling the Legal Labyrinth: An In-depth Review of Domestic Violence Regulation in Indonesia
Full text linkDomestic violence cases continue to increase every year, due to factors such as economic problems, fatigue due to traffic congestion, increasing life demands, and many other factors. Nowadays, news about domestic violence incidents is increasingly common. To date, Indonesia has four laws and regulations governing domestic violence. However, the existence of these four laws and regulations has created a new problem, namely over-regulation or excessive regulation which has caused several negative impacts which are the subject of discussion in this paper. The research method used in this research is qualitative through normative legal research. The data obtained is analyzed using a conceptual approach to understand the concept of domestic violence in four different laws and regulations in Indonesia. This research focuses on the harmony of norms and ideas of domestic violence in Indonesian law. The purpose of this research is to find a conception to simplify the regulations governing domestic violence in Indonesia by unifying the four regulations above. Based on the results and discussion, the author provides recommendations in terms of streamlining regulations related to domestic violence. Simplification of regulations is needed to help reduce barriers in handling domestic violence, increase protection for victims, and support prevention efforts. Therefore, it is important to involve stakeholders, legal experts, human rights activists, and other communities in designing changes to domestic violence laws to make them more effective
The President\u27s Authority in the Organization of Political Campaign for General Elections May Lead to Presidential Bias
Full text linkThe issue of whether the president is allowed to campaign is not a new one, as stipulated in Article 299 of Law Number 7 of 2017 concerning General Elections, which states that the President and Vice President have the right to conduct campaigns. This raises concerns about the President potentially favoring one pair of candidates to the advantage or disadvantage of other election participants during the campaign period. The purpose of this research is to examine the impact of the President\u27s authority in conducting election campaigns. This study is juridical-normative (legal research), utilizing a descriptive approach based on secondary data. Article 299 of Law Number 7 of 2017 concerning Elections states that the President has the right to conduct campaigns, while ensuring the continuity of state administration tasks, refraining from using state facilities, and avoiding actions that could benefit or harm any pair of candidates. This situation can lead to presidential bias and tendencies toward favoring one pair of candidates, misuse of authority by exploiting state facilities for non-state interests, and the potential for actions that could influence the electoral prospects of each pair of candidates positively or negatively
Community Outreach Gaps in Drafting Regional Regulations: A Call for Enhanced Government Socialization
Full text linkThe enactment of Law Number 12 of 2011 concerning drafting laws and regulations constitutes a crucial foundation for legislative and regulatory development. This was accepted by the community because many Regional Regulations of The Leader (Regional Reg. of The Leader/Perkada) were revised and even revoked by the government. This study aims to inform the formulation of the Regional Medium Term Development Plan in Lahat. Its objective is to evaluate the alignment of legal developments with Law Number 12 of 2011. The form of research is analytical descriptive, namely research that does more than just describe a problem. Data collection involves a prescriptive legal method, focusing on researching legal aspects. The study reveals that during the preparation of the Lahat Regional Medium Term Development Plan (RPJMD) for 2019-2023 it was approved by Lahat Regional People\u27s Representative Assembly /DPRD for the enactment of Regional Regulation Number 2 of 2019 concerning the Regional Medium-Term Development Plan (RPJMD) in the framework of revising Law Number 12 of 2011 concerning the formation of adequate laws and regulations, namely regional government laws and regulations, in this case the Regent\u27s proposal has been stipulated by Lahat Regional People\u27s Representative Assembly/DPR. This revision aims to ensure compliance with regional government laws and regulations. However, there remains a significant gap in community socialization efforts
Reconstruction of Sharia Economic Procedural Law in Indonesia and Comparison of Sharia Economic Cases in Malaysia and Indonesia
Full text linkSharia economy is a subsystem of the national economic system. As an economic system with distinctive Sharia principles, which is an integral part of the national economic system, it should have regulations that can provide appropriate legal certainty for the community. However, this study highlights several weaknesses related to the regulations governing the resolution of Sharia economic procedural law, including the limitations of Supreme Court Regulation (Perma) Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases and the pluralistic nature of Sharia economic procedural law sources. The aim of this research is to analyze the weaknesses in the resolution of Sharia economic procedural law, leading to disparities in the pursuit of justice by individuals in Religious Courts. This normative problem demands a reconstruction of Sharia economic procedural law to align it with Sharia principles and the values embodied in Pancasila. Furthermore, this study will compare the Sharia economic procedural law in Malaysia, which adheres to the principle of persons professing the religion of Islam, in the resolution of Sharia economic cases. The legal research method used is normative juridical, thus this research analyzes based on three aspects: philosophical, juridical, and sociological, to identify the urgency of legal reform of Perma Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases. The findings of this research recommend a judicial review of Perma Number 14 of 2016 to build a Sharia economic procedural law derived from Islamic law and capable of providing legal certainty in all aspects of Sharia economic cases
Unravelling the Threads: Bibliometric Exploration of Islamic Family Law Research in Southeast Asia (2004-2024)
Full text linkThis study takes a closer look at how research on Islamic family law in Southeast Asia has evolved between 2004 and 2024, with the goal of understanding how this field has grown and where it might still fall short. Using bibliometric analysis and tools like Vosviewer to map out research trends, the study shows that countries like Indonesia, Malaysia, and Singapore have been particularly active in producing studies on Islamic family law. In fact, these nations are leading the way, contributing significantly to the global conversation. However, despite this impressive research activity—based on an analysis of 1,091 documents from Scopus—many of the most pressing issues, such as marriage, divorce, and inheritance, still lack comprehensive solutions. The research so far has provided valuable insights, but it hasn’t fully addressed the complexities that Muslim families face in these areas. Looking forward, the study suggests that future research needs to dig deeper into the dynamics of Islamic family law and focus on finding practical solutions to these ongoing challenges. By doing so, scholars can create a more responsive legal framework that better meets the real-life needs of Muslim families in Southeast Asia, ensuring that research has a meaningful impact on everyday family life
Viral Justice: Law Enforcement in the Social Media Era
Full text linkThe phenomenon of viral justice has significantly transformed the law enforcement process in the era of social media and warrants thorough explanation and evaluation. However, previous research has failed to provide a comprehensive discussion of this phenomenon. This study adopts a descriptive qualitative approach to elucidate and analyze how the characteristics, factors, and implications of viral justice affect the law enforcement process in the social media era, while also addressing the deficiencies in prior studies. The findings of this study unveil three significant conditions for the viral justice phenomenon that have emerged and evolved during the social media era. Firstly, the features of legal violation cases that go viral on social media are complex, encompassing a wide spectrum from minor to major infractions. Secondly, the spread of law enforcement cases on social media is influenced by contextual factors, such as ineffective law enforcement, unaddressed reports, and a perceived lack of transparency in law enforcement. Thirdly, the viral justice phenomenon has significantly impacted the image of law enforcement in the social media era, leading to increasingly complex and contextual perceptions. This is evident in the growing public distrust, delegitimization, and negative associations with the concept of justice. This study also underscores the necessity of investigating the public\u27s motivations for sharing their interactions with law enforcement on social media
Juridical Analysis of Forestry Criminal Law Enforcement by Corporations in Environmental Fiqh Framework
Full text linkThe application of the precautionary principle in enforcing forestry law in Indonesia is a very important principle for protecting forests and the environment. This precautionary principle emphasizes efforts to prevent environmental damage and avoid irreversible risks. This research aims to analyze the application of the Precautionary Principle in Forestry Criminal Law Enforcement carried out by Corporations from the perspective of juridical jurisprudence and the environment. This research employs normative legal methods using various approaches, including the environmental fiqh approach, statutory approach, conceptual approach, case approach, and comparative approach. Implementation of the Precautionary Principle in the context of forestry crime cases involving corporations can be realized through the application of the principle of strict responsibility. The government has issued Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction (P3H) as a step to improve Law Number 41 of 1999 concerning Forestry. Judges who handle cases against companies that violate Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction (P3H) must consider the existing situation and conditions, taking into account the level of damage that has occurred and the impact of forest damage caused by the corporation. From an environmental fiqh perspective, the precautionary principle is in line with the concept of preserving nature (hifz al-bi\u27ah) which is part of maqasid al-shariah (goals of sharia). This research suggests increasing the capacity of law enforcement through training and outreach regarding the precautionary principle, as well as closer integration between positive law and environmental fiqh values within the framework of forestry criminal law
Resolving Village Head Election Disputes: Legal Pathways in State Administrative Courts
Full text link This research examines the legal certainty surrounding the time limits for resolving disputes over the results of Village Head elections through the State Administrative Court. The absence of clear regulations on the deadlines and mechanisms for addressing these disputes has led to various issues, including legal uncertainty, inequality in treatment, and perceptions of injustice among stakeholders. To address these concerns, this study adopts a normative juridical approach, relying on an extensive literature review of legal principles, norms, doctrines, and regulations. The findings reveal that disputes regarding Village Head election results must be submitted within three days of receiving notification or a formal decision from the Regent or Mayor. The State Administrative Court (PTUN) is then required to issue a ruling within 14 working days from the date the case is officially recorded in the case register. Moreover, the court’s decisions are final and binding, meaning no further legal actions or appeals are permitted. This process ensures that disputes arising from Village Head elections are resolved definitively and conclusively, providing a legally certain outcome while upholding the principles of justice and fairness in election-related matters