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Moh. Ali
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INDONESIA
Indonesian Journal of Law and Islamic Law (IJLIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27215261     EISSN : 2775460X     DOI : https://doi.org/10.35719/ijl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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 42 Documents
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TELAAH KRITIS FATWA MAJELIS ULAMA INDONESIA (MUI) TERHADAP PRODUK SANDANG Afifatul Munawiroh; M. Khoirul Hadi al- Asy'ari
Indonesian Journal of Law and Islamic Law Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.88

Abstract

This research based on Islamic Economisation in Indonesian: a Critical review of the editcts of the Majelis Ulama Indonesia (MUI) on Clothing products and their effects on the migration of life style discourse in Indonesian. In this paper there are three important questions. First, how is the history of the emergence of legal labeling in Majelis Ulama Indonesia? Second, how to develop products that are labeled halal labeling on clothing from Majelis Ulama Indonesia? Third, How the impact of halal labeling on clothing from Majelis Ulama Indonesia? With the approach of the Phemenology to expalain develop produvts that are labeled halal lebeling on clothing from Majelis Ulama Indonesia and explain the impact of halal labeling on clothing from Majelis Ulama Indonesia. And then, the history of the emergence of legal labeling in Majelis Ulama Indonesia expalain in the analysis content. The results of this study are first, to know the history of the emergence of legal labeling in Majelis Ulama Indonesia second, to know develop products that are labeled halal labeling on clothing from Majelis Ulama Indonesia third, to know the impact of halal labeling on clothing from Majelis Ulama Indonesia.
ANALISIS HUKUM TERHADAP PERCERAIAN SUMPAH LI’AN Angga Tiara Wardaningtias; Inayatul Anisah
Indonesian Journal of Law and Islamic Law Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.89

Abstract

The consequence of divorce by li’an vows is the breakup of the lineage of the child with his father and the end of the marriage forever. Bondowoso Religious Court is one of the Religious Courts that decide divorce by another oath. The judge's consideration in deciding the oath of allegiance by the legal basis in the Compilation of Islamic Law (KHI), namely article 162. However, submitting a child denial application is not following article 102 of the Compilation of Islamic Law. Decision number 0918 / Pdt.G.2019 / PA.Bdw exceeds the time limit allowed to apply for child denial. The Judge of the Religious Court has not yet used Perma No. 03 of 2017 on Guidelines for Judging Women's Matters Facing the Law, as a guideline for judging women in a conference. So that the understanding of gender is still lacking and even do not agree with the concept of gender. What is meant by injustice here is when one type of gender is better in its state, position, and position.
MENALAR ULANG USHUL FIKIH MAJELIS ULAMA INDONESIA (MUI) DALAM KONTEKS KEINDONESIAN Siti Khoirotul Ula
Indonesian Journal of Law and Islamic Law Vol. 2 No. 1 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i2.93

Abstract

This paper is concerned with the study of the reasoning of the Ushul Fiqh of the Indonesian Ulama Council (MUI) in the Indonesian context. By the content analysis approach through reading of some of the MUI fatwas, it was concluded that the ushul fiqh foundation used by the MUI was like the mainstream typology of Islamic law, namely the ushul fiqh method commonly used by mutakallimin and fuqaha. However, in relation to fatwas related to contemporary issues, the sad adz-dzariah theory is more dominant than other theories. Another thing found from the study of the MUI fatwas in relation to methodology is the tendency of the MUI fatwas towards the way of bayani reasoning or textualism.
PERWUJUDAN NILAI MORALITAS DALAM PEMILIHAN PRESIDEN 2019 YANG DEMOKRATIS DAN BERKEADILAN Dimas Bima Setiyawan
Indonesian Journal of Law and Islamic Law Vol. 2 No. 1 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i2.94

Abstract

Moral is an ethic inherent ain a human being. Formed trough verous diverse events that have been passed, one of wich is trough the role of religion. The importance of the role is broken down in the form of behavior of each individual in response to everything that is present in his life. Religion was reveald for justice, morality, mutual respect, and called for creating a peaceful order of live among fellow human beings. The importance of promoting morality based on religion will greatly affect the pattern of life carried out by every human being. one of them is responding to the upcoming 2019 preidential election. The values contained in it will certainly influence the realization of the five-year event to realize a democratic and justice election system.
HUMAN TRAFFICKING DALAM PANDANGAN HUKUM ISLAM ATAS PRAKTEK PERBUDAKAN ZAMAN ROSULULLAH Miftahol Fajar Sodik
Indonesian Journal of Law and Islamic Law Vol. 2 No. 1 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i2.95

Abstract

Human trafficking is a form of the early occurrence of slavery on earth, it happened long before the arrival of Islamic teachings even though the religion of that religion succeeded in erasing such civilization towards dignified human values. The arrival of Islamic religious teachings at first seemed to support human trafficking with the primary fact that the Prophet Muhammad and his followers were involved in slave ownership obtained from conquest as a result of a war, but this is an argument that departs from the negative analysis of the haters of Islam so that if the teachings of this religion are studied in a concrete way it will be revealed that Islam is trying to change a civilization in a very solution. Keywords: ,,
KEPATUHAN PEJABAT TATA USAHA NEGARA TERHADAP PUTUSAN PENGADILAN TATA USAHA NEGARA BERDASARKAN ASAS-ASAS PEMERINTAHAN YANG BAIK Basuki Kurniawan; Sholikul Hadi
Indonesian Journal of Law and Islamic Law Vol. 2 No. 1 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i2.96

Abstract

The main problems to be studied are: (1) how the legal obedience of administrative officials carry out the verdict of administrative court based on good government principles?; (2) Is the arrangement about the obedience of administrative officials already appropriate with good government principles? The method of study use is the juridical normative method. The Approaching of problems use statute approach, conseptual approach, and case approach. Research data source is taken from primary and secondary legal materials. The collected data is qualitatively analyzed by a normative juridical approach. The result of this research are : first, the legal obedience of administration officials is to be consistent do the verdict of administrative court in the framework of implementation good good government principles. The obedience based on legal awareness. Legal awareness and legal obedience very needed for law enforcement in Indonesia. Awareness and legal obedience very needed by every person, in the same manner as the purpose of law. The administrative officials as people which have positions needed to be stressed for being obedience the verdict of administrative court based on good government principles and alse as example to other people. Second, based on article 116 Law Number 5 Year 1986 about Administration Court cpuld be understood that the arrangement obedience the administrative officials not appropriate with good government principles. Based on the research result is recommended, that first, the Administration court based on Law Number 5 Year in the essence is good enough. The obedience of administrative officials still less make the verdict of administration court no run well, so needed to make birocration reformation especially to the interpretation of the legal awareness or increasing awareness from government to all administrative officials as formed the respect existence to the body of government; second, Inobedience the administrative court to the verdict of administration court could be categorize criminal. Third, for the verdict of administration court be able to be done well by administrative officials, so needed control body, although internal and external, hereby the duty of Obudsman National Commision very importence to give attention to the administrative official to do the verdict of administration court.
PERLINDUNGAN TERHADAP PEMENUHAN NAFKAH ANAK DALAM PELAKSANAAN PUTUSAN PERCERAIAN DI PENGADILAN AGAMA Rohmad Agus Solihin
Indonesian Journal of Law and Islamic Law Vol. 2 No. 1 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i2.97

Abstract

Parents are the first party responsible for protecting and fulfilling children's rights. The rights of children to parents begin when their children are born and breathe the air in this world. So since then the responsibility of parents to their children has also arisen. Among the rights of children that must be fulfilled by parents is the right to support. Regarding family income, fathers are obliged to provide for their children if they need them, so children are obliged to provide for their mother and father if they need them. If the father is in poverty or his income is insufficient, the obligation to provide for his children remains, does not die, and if the mother of the children is well off, he can be ordered to provide for his children, which is their father's obligation, but can be billed for return it. However, the income that the father (husband) cannot afford can be billed to be returned, the laws which in Indonesia have not regulated that far. Key Words: , ,
KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM Syamsul Arifin
Indonesian Journal of Law and Islamic Law Vol. 2 No. 1 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i2.98

Abstract

Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal.
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 : Jember: 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 : Jember: 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.

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