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Contact Name
Moh. Ali
Contact Email
ijlil@iain-jember.ac.id
Phone
+6281356408897
Journal Mail Official
ijlil@iain-jember.ac.id
Editorial Address
Sharia Faculty, State Islamic Institute of Jember. Jl. Mataram No. 1 Mangli, Kaliwates, Jember 68136, Jawa Timur, Indonesia
Location
Kab. jember,
Jawa timur
INDONESIA
Indonesian Journal of Law and Islamic Law (IJLIL)
ISSN : 27215261     EISSN : 2775460X     DOI : https://doi.org/10.35719/ijl
Core Subject : Humanities, Social,
Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-4621) is a journal through a review process published twice a year (June and December) by Sharia Faculty, State Islamic Institute of Jember. This journal emphasizes aspects related to law and Islamic law studies, with special reference to socio-legal activities, legal politics, criminal, civil, and good doctrine of positive law / Islam. Sincerely invites contributions from scholars from related disciplines. The language used in this journal is Indonesian and English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol. 3 No. 1 (2021)" : 6 Documents clear
ANALISIS PUTUSAN MK NO 13/PUU-XV/2017 TENTANG LARANGAN NIKAH DALAM SATU INSTANSI PERSPEKTIF MAQASHID AL-SYARI’AH Fitriyani Fitriyani; Ro’fah Setyowati
Indonesian Journal of Law and Islamic Law Vol. 3 No. 1 (2021)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v3i1.110

Abstract

The Decision of Constitutional Court No 13/PUU-XV/2017 caused change in the Chapter 153 A Paragraph (1) Letter F of UUK about the prohibition marriage terhadap the colleagues. But the problem, is The Decision of Constitutional Court has fulfilled citizen’s constitutional right. The research uses doctrinal approach.The specification of this study is descriptive analysis. The result of analysis indicate that consideration UUD NRI 1945 and human right bill permitting that rule, whereas UUP doesn’t regulate it. However, Islam doesn’t forbit this regulation exactly but conditionaly the time, place, and situation. Based on maqashid al-syari’ah approach indicated that constitutional court judge in his deciding matter not according to principle of maqashid al-syari’ah. Therefore, the Decision of Constitutional Court No 13/PUU-XV/2017 hasn’t fulfilled citizen’s constitutional right.
EKSISTENSI DAN KEHUJJAHAN YURISPRUDENSI PENGADILAN AGAMA SEBAGAI SUMBER HUKUM Baidlowi Baidlowi
Indonesian Journal of Law and Islamic Law Vol. 3 No. 1 (2021)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v3i1.111

Abstract

One of the legal systems adopted in Indonesia is the common law system. In this legal system, the law is not bound by formal procedures. Even more, law interacts with people's lives or in another sense, law is a formation of the culture (culture) of society. Therefore, in this system, judges in the judiciary, both in general, religious, military and state administration are given full authority to create laws (judge made law). This case can also occur in the Religious Courts as executors of the Religious Courts. Where the judges in the Religious Courts, of course, also have the same capability and right to create laws as judges in other courts. From this, the possibility of the emergence of Jurisprudence can be expected. Because the judge has been in the process of exercising the authority that has been given to him to create laws. With the ability of judges to create a law, finally the author's mind appears regarding the problem related to the existence of jurisprudence as a source of PA law and the problem is usually a jurisprudence - which is the result of a judge's ijtihad in punishing a case - to be used as a legal foothold in decision making in the court environment. Religion, in particular, is related to its honesty when compared to Islamic jurisprudence (Fiqh). This journal writing method is based on literature and literature reviews that discuss the issue of jurisprudence.
PENGALIHAN HAK SEWA TANAH PERSPEKTIF FIQIH MU’AMALAH DAN HUKUM POSITIF DI INDONESIA Muh Soleh Aminullah
Indonesian Journal of Law and Islamic Law Vol. 3 No. 1 (2021)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v3i1.113

Abstract

Leasing is an agreement between one party that undertakes and binds itself to hand over the benefits of an item to another party for a certain period of time followed by payment as a reward. Along the way, the practice of renting does not always work as it should. Like the leasing that occurred in Jatimulyo Village, where one party could transfer the lease rights to another party when the lease was in progress. The method used in this study uses descriptive qualitative with short interviews with certain parties. The results of the study are: Fiqih Mu'amalah perspective on the practice of transferring lease rights that is carried out is penalized null (fasakh), because the transfer made is not in accordance with the provisions of the stipulated syara ', and there is no authority of the tenant for the transfer made. Meanwhile, the positive legal perspective in Indonesia on the practice of transferring land lease rights to third parties is an activity that is not allowed. This is in accordance with Article 1559 of the Civil Code, which does not require the lessee to release his lease to another party unless there is approval from the land owner, as well as a statement that the transfer may be made. Likewise with Article 310 KHES that tenants are not allowed to rent goods (land) that are leased to other parties except with the permission of the renting party.
PUTUSAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP ANAK PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA API ATAU BENDA TAJAM Nanda Anggraeni Effendy Jefri Saputra
Indonesian Journal of Law and Islamic Law Vol. 3 No. 1 (2021)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v3i1.115

Abstract

One form of criminal acts of possession of weapons committed by children or children who are in conflict with the law is in Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt. The research method uses a normative and empirical juridical approach. Sources of normative and empirical data. Collecting data through library research and field research. The data analysis used was qualitative juridical. The results of the research and discussion show that the factors causing the child to be the perpetrator of a criminal act of possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt are 1 (one) sharp weapon blade with a wooden handle and a wooden cover is the property of Son HA Bin YH who was brought with the aim to protect themselves. Criminal responsibility for children as perpetrators of criminal possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt is to impose a 4 (four) month imprisonment and charge the child to pay a court fee of IDR 2,000 (two thousand rupiah). Judges' legal considerations in imposing criminal sanctions on children as perpetrators of criminal acts of possession of firearms or sharp objects based on Decision Number: 14/Pid.Sus-Anak/2019/PN Gdt are in accordance with the provisions of the applicable law. What is burdensome is that the child's actions are disturbing society, while what mitigates is the child admits frankly and regrets his actions and promises not to repeat it and the child has never been punished.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENIPUAN DALAM JUAL BELI TAMBAK UDANG Ais Wahyunita; Melisa Safitri
Indonesian Journal of Law and Islamic Law Vol. 3 No. 1 (2021)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v3i1.116

Abstract

Criminal fraud is a form of crime against human wealth, such as criminal fraud in the sale and purchase of shrimp farming conducted by Wagiono and it had been decided by the Judicial Panel of District Court of Menggala Number 449/Pid.B/2019/PN.Mgl. The result of the study reveals that criminal liability against perpetrators of criminal fraud in the sale and purchase of shrimp farming based on The Decision No. 449/ Pid.B/2019 / PN.Mgl was found guilty or violates the provisions of Article 378 of the Criminal Code and sentenced to imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 449/Pid.B/2019/PN.Mgl and the evidence, witness testimony, expert testimony, indictments and demands of the Public Prosecutor, the elements fulfilled in the Prosecutor's Indictment, as well as aggravating and mitigating factors for the accused.
ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PERJUDIAN JENIS TOTO GELAP ONLINE Texas Arnando
Indonesian Journal of Law and Islamic Law Vol. 3 No. 1 (2021)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v3i1.120

Abstract

Gambling is a deliberate bet that is risking precious thing by realizing certain risks and expectations. such as the online lottery gambling case which had been decided by the Class IA of District Court of Tanjungkarang Number 978/Pid.B/2020/PN.Tjk. The result of the study reveals that criminal liability against black toto gambler online in Lampung namely by imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 978/Pid.B/2020/PN.Tjk. including the demands of the public prosecutor, observe the indictment of the public prosecutor, listening to statements from witnesses, expert statements, statements of the defendant and evidence, legal facts revealed at trial, then consider the criminal elements of the defendant's actions seen from the Public Prosecutor's Indictment, If the criminal elements have been met, the Panel of Judges will give consideration to aggravating and mitigating factors for the accused.

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