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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Istinbath: Jurnal Hukum Islam Sanskara Hukum dan HAM The Easta Journal Law and Human Rights West Science Law and Human Rights West Science Islamic Studies
Suprijati Sarib
Institut Agama Islam Negeri Manado
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation Gusniarjo Mokodompit; Suprijati Sarib; Sabil Mokodenseho; Zulfikri Darwis; Madinah Mokobombang
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v1i03.89

Abstract

This research explores the guarantee of indigenous peoples' rights in indigenous territories in West Java, focusing on international legal standards and their implementation at the national level. The research used a mixed-methods approach, combining qualitative and quantitative methods. Through document analysis, surveys and interviews with key stakeholders, the research examines the legal and policy framework, challenges and opportunities related to indigenous peoples' rights in the region. The findings highlight issues such as land rights, cultural preservation, and political participation. While there are legal provisions in place, their practical implementation faces challenges such as conflicting land tenure systems, limited recognition of customary land rights, and lack of consultation and participation of indigenous peoples. This research emphasizes the need for effective implementation of international legal standards, capacity building, and empowerment of indigenous peoples. The findings contribute to the understanding of indigenous peoples' rights in West Java and provide insights for policy makers, indigenous peoples, and other stakeholders involved in protecting indigenous peoples' rights.
Qualitative Study of the Role of Islamic Law in Shaping Muslim Identity and Business Ethics Suprijati Sarib; Koko Komaruddin; Madiha Dzakiyyah Chairunnisa; Ahmad Labib Majdi; Sabil Mokodenseho
Sanskara Hukum dan HAM Vol. 2 No. 01 (2023): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v2i01.242

Abstract

This qualitative research explores the role of Islamic law in shaping the identity and business ethics of Muslims in West Java, Indonesia. This research investigates how Islamic principles and cultural norms interact to influence ethical decision-making and identity formation among Muslim business owners. Through semi-structured interviews and document analysis, this research uncovers themes of integration between Islamic teachings and local customs, the impact of Islamic ethics on business behavior, the relationship between adherence to Islamic principles and self-identity, and the challenges faced in aligning religious obligations with economic reality. The findings highlight the synergy between religion and culture, the ethical foundation provided by Islamic principles, and strategies used to deal with challenges. The implications of this research include both theoretical understanding and practical application, offering insights for policy makers, business people, and religious leaders in promoting ethical and culturally sensitive business practices.
The Role of Religious Law in Combating and Preventing Crime in Developing Nations Suprijati Sarib; Sabil Mokodenseho
West Science Law and Human Rights Vol. 1 No. 02 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i02.63

Abstract

This research aims to explore the role of religious law in preventing and tackling crime in developing countries, focusing on the challenges and opportunities faced. The research method used is descriptive-qualitative, with data collection through interviews, observations, and document studies. The results showed that religious law has great potential in preventing and dealing with crime in developing countries, especially in terms of prevention through the formation of individual character and morals. However, the challenges faced are the conflict between religious law and secular law and the weak implementation of religious law. The opportunities exist through collaboration between religious law and secular law and strengthening the performance of religious law that can be done through education and training for law enforcers. This research is expected to contribute to developing legal policy and practice in developing countries, especially regarding crime handling.
Law Enforcement Against Religious Blasphemy on Social Media in Indonesia Suprijati Sarib; Rai Iqsandri; Sabil Mokodenseho
The Easta Journal Law and Human Rights Vol. 2 No. 01 (2023): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v2i01.150

Abstract

This study looks into the complex legal environment surrounding blasphemy enforcement on social media platforms in Indonesia, a country known for its wide range of religious and cultural practices. Using a thorough mixed-methods approach, the study combines technology evaluations, legal analyses, and sociological surveys to give a comprehensive knowledge of the prospects and problems in reducing online blasphemy. The legal analysis delves into the complexities of the Blasphemy Law and the Electronic Information and Transactions (EIT) Law, exposing obstacles in its implementation in the ever-changing digital landscape. Different public perspectives are captured through societal surveys, which highlight the influence of religion on attitudes and the efficacy of existing legislative measures. Technological evaluations explore the complexity of algorithms used for content moderation and the cooperation between law enforcement and platforms. Through the cross-analysis of these aspects, inequalities and links are shown, encouraging a nuanced conversation on striking a balance between religious sensitivity and freedom of expression. The study's conclusions highlight the necessity for a flexible and culturally aware strategy in dealing with online blasphemy and offer recommendations for legislators, law enforcement organizations, and technology stakeholders.
Comparison Between Islamic Law and Positive Law in a Judicial Context Suprijati Sarib; Syarifuddin; Sabil Mokodenseho
West Science Islamic Studies Vol. 1 No. 01 (2023): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v1i01.284

Abstract

This study explores Indonesia's complex legal system, which coexists with positive and Islamic law. The study examines how various legal systems apply justice and how people perceive it, using a quantitative research design. When survey data is combined with document analysis, subtle patterns and differences are revealed. The findings show that although positive law places more emphasis on procedural issues and the defense of individual rights, Islamic law views justice as being strongly related to moral and ethical principles. Different views of justice are influenced by differences in demographics. The discussion of these findings' implications within the framework of legal pluralism provides valuable perspectives for researchers, policymakers, and legal practitioners attempting to navigate the intricate legal landscape of Indonesia.
The Difficulty of Finding Halal Food for Muslim Minorities: Analysis of Maqashid Shariah Nasruddin Yusuf; Suprijati Sarib; Willya Evra
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8182

Abstract

This article explores the challenges of Manado's Muslim minorities in finding halal food from the perspective of maqashid Sharia. As a Muslim minority area, food vendors and production in Manado dominate with non-Muslim and non-halal food vendors. It is difficult for minority Muslim communities to practice religious principles, especially eating halal food. The method used in this study is qualitative with normative juridical and empirical approaches. Data obtained through in-depth interviews with research informants from 29 Muslim communities were analyzed inductively. The results found that minority Muslim communities in Manado face significant challenges in finding halal food, given the dominance of non-halal food in their neighborhood. However, personal decisions to choose halal food reflect their loyalty to religious teachings (hifdz al-din), concern for personal health (hifdz al-nafs), and wise asset management (hifdz al-mal). There is clear evidence that the principles of maqashid Sharia are essential in guiding individual actions in facing the challenges of daily life. In this context, religious beliefs are the primary guide for Manado's Muslim community in living their lives and maintaining the integrity of Islamic values in their decisions regarding food.
Cultural-Based Deviance on Islamic Law; Zakat Tekke Wale’ Spending in Basala, Konawe, Southeast Sulawesi, Indonesia Kamaruddin; Misbahuddin; Suprijati Sarib; Syamsul Darlis
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 2 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i2.10150

Abstract

Owners of swallow's nest in Basala District, South Konawe Regency give zakat of tekke wale' (swallow's nest) using gold zakat rate. This implies deviation from Islamic law and striking difference from the provisions of zakat law formulated by most Muslim scholars. This research aims to reveal the business phenomenon and practice of tekke wale' zakat spending, the factors beyond preference to use zakat with gold rate as well as culture-based deviations on Islamic law regarding this specific practice of zakat. This research is qualitative with an empirical-normative approach which includes interviews with swallow nest owners, community leaders, and religious leaders. Besides, it involves literature review to gather the data. The research shows that swallow nest business is a relatively new livelihood for local people so they have no definite guidance on how to spend the zakat. Their preference using gold zakat rate are due to five factors, ranging from lack of knowledge, assumption that swallow's nest is not a part of agricultural business, easy calculation in giving zakat using gold rate, following the previous swallow's nest owners, to easiness to determine the zakat recipients and spending period. Meanwhile, three forms of deviation from Islamic law existing at the practice urges the specific legal product concerning this specific commodity.
Co-Authors Ahmad Labib Majdi Gusniarjo Mokodompit Kamaruddin Koko Komaruddin Madiha Dzakiyyah Chairunnisa Madinah Mokobombang Misbahuddin Nasruddin Yusuf Rai Iqsandri Sabil Mokodenseho Syamsul Darlis Syarifuddin Willya Evra Zulfikri Darwis