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Journal of Sharia and Legal Science
Published by CV. Doki Course and Training
ISSN : 29887119     EISSN : 2987601X     DOI : https://doi.org/10.61994/jsls
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN: 2988-7119 and electronic (e) with ISSN Online: 2987-601X.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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Perlindungan Konsumen dalam Jual Beli Perumahan Secara Kredit di Perumahan “Griya Kademangan Indah” Demangan Siman Ponorogo Perspektif Hukum Islam Mohamad Faisal Aulia
Journal of Sharia and Legal Science Vol. 1 No. 1 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i1.31

Abstract

This study aims to determine consumer protection in buying and selling housing on credit in housing "Griya Kademangan Indah" Demangan Siman Ponorogo Perspective of Islamic Law. In this study used a descriptive type of research. The data used in this study are secondary data by studying and analyzing legal materials and Tertiary Legal Materials, namely legal materials that provide instructions and explanations to primary and secondary legal materials, namely: legal dictionaries and Indonesian dictionaries. In this case, the researcher examines and analyzes related to legal protection in buying and selling housing on credit in Griya Kademangan Indah Demangan Siman Ponorogo housing Perspective of Islamic Law. The results of the research in this writing are: In this housing using the concept of buying and selling shari'ah and the laws and contracts used are different, some use islamic law contracts and some also use contracts in laws. The housing provided is also in the form of ready stock or ready-made materials, most likely the buyer feels satisfaction in choosing the house he will live in, because the principle is consensual the buyer offers according to what the buyer expects, because the legal condition for buying and selling is mutual favor. In the transaction of buying and selling housing in housing "Griya Kademangan Indah" explained that in buying and selling housing this carries the concept of no usury, it can be seen in the practice of implementation that they do not involve third parties, namely conventional banks or shari'a banks in their transactions, on the grounds that banks still have elements of usury. So in payments made by consumers to housing owners, it can be directly to the housing owner, it can be content or cash and can also be paid in installments directly to the housing owner in accordance with the agreed agreement because it does not contain an element of usury in it
Hak-hak Dasar Lingkungan Hidup dalam Ajaran “Saminisme” Perspektif Konstitusi Republik Indonesia Muhammad Maghfur Agung; Yusuf Eko Nahuddin
Journal of Sharia and Legal Science Vol. 1 No. 1 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i1.36

Abstract

This study aims to examine basic environmental rights in accordance with the teachings of Saminism and their arrangements in the constitution. This study uses a type of normative research. The approach used is the conceptual approach and the statutory approach. The results of the study reveal that there are five basic environmental rights according to the teachings of saminism, namely the right to be managed properly, the right to be planted, the right to be protected, the right to be preserved, and the right to be used as necessary. However, the constitution of the Republic of Indonesia has not regulated this matter. Liability to the environment is regulated in the Environmental Protection and Management law, but the form of the obligation is unclear. Therefore, obligations to the environment need to be regulated clearly and unequivocally, both in the constitution and regulations under it.
Analysis of Government Regulation Number 19 of 2005 Concerning PNBP At KUA, Ratu Agung Bengkulu Muhammad Misbach; Ismail Jalili; Rohmadi; Suardi Abas
Journal of Sharia and Legal Science Vol. 1 No. 1 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i1.39

Abstract

Marriage in Islam is a worship that is prescribed by Islam and is carried out perfectly according to the rules that have been set. The law that applies in Indonesia is the registration of marriages for Muslims by the Office of Religious Affairs (KUA). The aim of the research is to analyze the implementation of PP No. 19 of 2015 concerning PNBP in KUA, Ratu Agung District, Bengkulu City. This research is a type of qualitative descriptive research through library research. Data collection techniques with observation, interviews and documentation. The results of this study are that the implementation of PP PNBP at the KUA of Ratu Agung District is in accordance with the applicable provisions. In this case the community also welcomes the new regulations regarding marriage fees in accordance with Government Regulation No. 19 of 2015 concerning PNPB. There are several factors that influence people not to carry out marriages at the KUA because they are ashamed, they are considered not trying to find the cost of the marriage, they are unable to hold a party and they still believe that there will be a disaster if they get married at the KUA.
Upaya Keluarga Pra-Sejahtera dalam Mempertahankan Keharmonisan Keluarga Pada Masa Pandemi Covid-19 Perspektif Hukum Keluarga Islam Rusmala Dewi; Nurmala HAK; Vera Yuliana
Journal of Sharia and Legal Science Vol. 1 No. 1 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i1.40

Abstract

This article aims to examine pre-prosperous families who are still able to maintain harmony in the household even though they are affected by the pandemic. As it is known that the Covid-19 Pandemic has caused most family economies to be unfavorable, so that it has become a problem in maintaining household harmony and integrity. Thus, this research discusses the efforts of pre-prosperous families in maintaining family harmony during the Covid-19 pandemic and examines it from the perspective of Islamic family law. The type of research used is field research. The research location is in Suka Mulya Village, Lempuing District, Ogan Komering Ilir Regency. Primary data was obtained from interviews and observations, while secondary data was obtained from the literature concerned with the research object. The results of the study found that the efforts made by pre-prosperous families in maintaining family harmony even though they were affected by a pandemic were in accordance with the provisions stipulated in Islamic family law, namely getting closer to Allah, trying hard to fulfill their daily needs, doing things that positive, maintain communication between families and spend time with family.
Relevansi Pencatatan Nikah Sirri dalam Kartu Keluarga Menurut Hak Asasi Manusia dan Maqashid Syariah Ifrohati; Sintri
Journal of Sharia and Legal Science Vol. 1 No. 1 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i1.45

Abstract

One of the requirements for registering a marriage is to make a family card. Therefore, registration of marriage is very important for married couples. However, it turns out that sirri marriages can also have a family card, even though this marriage is not a legal marriage according to state law. Thus, this study aims to examine the registration of sirri marriages in family cards both in terms of human rights and maqashid sharia. The type of research used is qualitative research (libraries or library research), namely with a normative approach. The results of the study found that the relevance of Siri Marriage Registration in the Family Card to Human Rights is with regard to citizenship status rights or children's civil rights such as birth certificates. Apart from that, it is a form of legal protection for children, such as those related to living expenses and living costs, as well as mutual inheritance rights inherited from their parents. As for the Relevance of Siri Marriage Registration in the Family Card from the perspective of Maqāṣid asy-Syarīʿah, it is a primary need (adl-dlarūriyāt) especially for children related to hifdzu an-nasl (safeguarding offspring).
Law Enforcement Procedures for Police Members Involved in Drugs Abuse in the Polda Bengkulu Panji Putra Pratama; Ismail Jalili
Journal of Sharia and Legal Science Vol. 1 No. 2 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i2.157

Abstract

The aims of this study are: To analyze law enforcement procedures for members of the police who are involved in drug abuse. As well as a review of fiqh siyasa on law enforcement procedures for members of the police who are involved in drug abuse. This study is based on the fact that there are still members of the police who commit criminal acts of drug abuse. This type of research is qualitative-empirical research by examining documentation and interviewing informants. This study concludes that: (1) Law Enforcement Procedures for members of the Police in enforcing the law against members of the Police who commit or abuse drugs in the field of service, enforcement of discipline, order and internal security have been going well, the implementation of law enforcement has been carried out but not yet optimal, marked by the fact that there is still drug abuse by police officers, while efforts to prevent drug abuse by members of the police are carried out by carrying out activities related to religion, increasing supervision in terms of the discipline of members of the police, and applying strict sanctions against persons who abuse drugs. (2) In the review of fiqh siyasa syar'iyah, the efforts of the police in taking action against members who are involved in drug abuse are in accordance with Islamic values, namely imposing disciplinary punishment and trial on the police code of ethics, which aims to bring benefits to members of the police, the National Police institution and society and prevent harm that will occur.
Implementasi Sistem Informasi Layanan Call Center 110 Terhadap Pelayanan Publik Perspektif Fiqh Siyasah Kristianto, Davit; John Kenedi; Ismail Jalili
Journal of Sharia and Legal Science Vol. 1 No. 3 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i3.160

Abstract

Masyarakat tidak bisa menduga kapan dan dimana suatu kejahatan dapat terjadi. Dengan adanya layanan Call Center 110 dapat mempermudah pengaduan tindak kejahatan yang terjadi pada masyarakat, seperti pencurian, pengancaman, kecelakaan lalu lintas dan kebakaran. Akan tetapi, masih banyak masyarakat yang belum mengetahui layanan tersebut. Dengan demikian, penelitian ini membahas  implementasi sistem informasi layanan Call Center 110 terhadap pelayanan publik.  Tujuan penelitian adalah mengkaji layanan Call Center 110  perspektif Fiqh Siyasah. Penelitian ini dilakukan pada Kepolisian Daerah Bengkulu. Pendekatan penelitian menggunakan kualitatif, sedangkan datanya berupa data primer dan sekunder yang dikumpulkan melalui wawancara dan dokumentasi. Hasil penelitian menyimpulkan bahwa pelayanan Call Center di Kepolisian Daerah Bengkulu sudah berjalan dengan baik, hanya saja perlu meningkatkan kualitas pelayanan. Pelayanan tersebut dalam kajian fiqh siyasah sudah sejalan dengan prinsip keadilan, prinsip kejujuran, prinsip persamaan dan prinsip persatuan.
Program Pengembangan dan Pemenuhan Hak Anak di Lembaga Pemasyarakatan Tanjung Raja Golongan II A Yang Bertentangan Dengan Hukum Taufiq Idris, Muhammad; Saputra, Muhammad Adi; Rahmatullah Ayu Hasmiati; Pettanase, Ismail
Journal of Sharia and Legal Science Vol. 1 No. 2 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i2.164

Abstract

The program for developing and upholding the rights of children associated with the law in class II A Tanjung Raja prison was a topic of concern, and study was conducted as a result for the purpose of addressing it. How tutoring for youth who break the law is implemented in Class II A Tanjung Raja Prison. and How to Comply with Children's Legal Rights in Class II A Children's Correctional Institution Tanjung Raja. The form of sociological legal research, the nature of the descriptive analytical research, and the data used in the study were chosen to explore the aforementioned issues. Primary data was gathered by conducting interviews with relevant individuals, especially prison officers. Explanations and main and secondary legal resources like dictionaries, encyclopedias, and others are the ones with the most precise legal information. Based on the research's findings, specifically: According to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, coaching of children who are prisoners is oriented to social values, and in the Class IIA Tanjung Raja prison, intramural treatment is carried out, guidance is provided to children who are in conflict with the law. Observation of children's legal rights in Tanjung Raja Class II The construction of a children's prison takes into account the existing infrastructure and amenities, and one of those fulfillments is the ability to allow children to have family visits. Because of worries that it may hinder the spread of Covid 19, the execution of children's rights in Tanjung Raja Prison continues to go well and is approved selectively throughout this epidemic, especially for temporary inmates.
Pesta Rakyat Pada Malam Hari Banyak Menimbulkan Kemudharatan Nurjulia Darselo; Ema Fathimah
Journal of Sharia and Legal Science Vol. 1 No. 2 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i2.170

Abstract

People's parties are defined as activities held to commemorate important things throughout human life, either individually or in groups related to customs, culture, traditions and religion, which are held for specific purposes and involve the community environment which are held at certain times. The problem of this research is because the people of Maur Lama Village, Rupit District, North Musi Rawas Regency held a people's party according to or not with the Regional Regulation of North Musi Rawas Regency No. 17 of 2019 concerning the People's Party. In this context, the problem to be discussed is formulated as a ban on Regional Regulation of North Musi Rawas Regency No. 17 of 2019 concerning People's Parties as well as a review of Islamic criminal law regarding the prohibition of people's parties which are carried out at night in Maur Lama Village, Rupit District, North Musi Rawas Regency. This research includes empirical juridical, while the specification of this research is descriptive qualitative. The sampling used in this research is purposive sampling. This research concluded deductively. The conclusion of this study is that the prohibition of people's parties at night in Maur Lama Village, Rupit District, North Musi Rawas Regency is in accordance with the enactment of North Musi Rawas District Regulation No. 17 of 2019 concerning the People's Party. Which for violators will be subject to punishment in Article 15 Regional Regulation of North Musi Rawas Regency No. 17 of 2019 concerning the People's Party which contains "convicted with a maximum imprisonment of 3 (three) months and/or a maximum fine of Rp. 50,000,000.- (fifty million rupiah)”. So that the existence of these provisions makes citizens think twice about violating these rules. In Islamic criminal law, night party sanctions are categorized as jarimah ta'zir because people's parties in Islamic law have not been legally stipulated by Syara'. As for the night party activities, it causes more harm.
The Ceremonial Tradition of Tabut According to the Perspective of Nahdlatul Ulama (NU) and Muhammadiyah Leaders In Bengkulu City Anisah Albayani; Bitoh Purnomo
Journal of Sharia and Legal Science Vol. 1 No. 2 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i2.175

Abstract

In the perspective of Islamic law tradition is a custom ('urf) which is one that is accepted by common sense. The Ark in the city of Bengkulu is a multi-storey building decorated with colors and is 10 meters high. The subject of study in this research is how the perspective of Nahdlatul Ulama and Muhammadiyah figures regarding the tradition of the ark ceremony in the city of Bengkulu. The aim of this study is to examine the perspectives of Nahdlatul Ulama figures and Muhammadiyah figures regarding the tradition of the ark ceremony in the city of Bengkulu and find out the similarities and differences in the opinions of the two figures. This research is a qualitative research with the type of field (Field Research). The approach method used is the comparative approach. According to Nahdlatul Ulama figures, the ark ceremony tradition is well preserved because according to him there is no element of polytheism, while according to Muhammadiyah figures, the ark ceremony tradition is not well preserved because the ritual contains many polytheistic matters. The conclusion of this research is that there are three points of difference of opinion between Nahdlatul Ulama figures and Muhammadiyah figures regarding the tabut ceremony tradition, namely the meaning of the implementation of the tabut ceremony tradition, the shirk element of the tabut ceremony tradition, and the ritual activities of the tabut ceremony tradition. It is hoped that this research can provide students and the public with an understanding of how the perspectives of Nahdlatul Ulama and Muhammadiyah figures in the city of Bengkulu.

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