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Jurnal Hukum Islam
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 18297382     EISSN : 25027719     DOI : https://doi.org/10.28918/jhi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic law, in the framework of Indonesian legal studies in the global context. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 18 No 2 (2020)" : 8 Documents clear
The Resolution Of Criminal Cases Through A Restorative Justice Approach in Islamic Law Perspective Ahmad Ropei
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2936

Abstract

This study aims to analyze on the restorative justice approach as an alternative to resolution criminal cases in Islamic law perspective, where the criminal process is not only limited to retaliation for the perpetrator, but must also be based on various principles of restorative justice. This research uses method normative juridical with a philosophical, conceptual and legislations approach. Sources of legal materials are obtained through inventory, categorization and systematization. Analysis using prescriptive with logic and legal reasoning, The results show that restorative justice is seen as an alternative approach that can be applied in resolution criminal case by considering various aspects outside the judicial process and is oriented towards restoring what has been damaged by the existence of crime. In Islamic law, the application of restorative justice is based on the above of Umar's friend r.a. 294 The Resolution Of Criminal Cases Through A Restorative Justice Approach ... (Ahmad Ropei) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) in the case of handling theft cases during the Paceklik season, the legal decision is to release the perpetrator due to humanitarian factors. Therefore, restorative justice can be applied with considerations including: aspects of justice, humanity, public interest, forgiveness of victims, and peace (al-Islah).
Kesadaran Hukum Masyarakat Pedesaan Untuk Bercerai di Pengadilan (Studi Kasus di Desa Bantarbolang, Kabupaten Pemalang) Iwan Zaenul Fuad; Miftah Husaeni
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3448

Abstract

This research explores the legal awareness and implications of divorce in court on communities in Bantarbolang Village, Pemalang, Central Java Province, Indonesia. This legal sociology research uses a qualitative approach. The primary data source is the divorcee outside the court. Secondary data sources are primary and secondary legal materials. The analysis technique uses an interactive model. The results showed, the legal awareness of the Bantarbolang community about divorce in court was not evenly distributed, where 21 couples were divorcing in court and 5 outside the court. They know that a divorce must be in court, but it is not carried out. The implications of legal awareness about divorce outside the court are: 1) administratively, they are still bound as husband and wife, because they do not have a divorce certificate so that if they marry someone else, they are done in a series; 2) psychological implications for children and if the couple remarries Siri, then the child born becomes the child born outside the marriage; 3) implications of the split between the extended family of the couple; 4) implications for the social order, due to the uncertainty of the status of husband and wife and the nasab of children from a Siri marriage. Therefore, prevention should be carried out through outreach to the public about the legal consequences of divorce outside the court.
Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh (A Legal Anthropology Approach) Yayan Sopyan; Helma Suryani
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3262

Abstract

This paper explores the causes of the prohibition of ethnic marriage in Minang Batipuh Ateh. This legal anthropological research uses a qualitative approach. Information and data are obtained by observation, interviews and literary studies. Informants were selected purposive and developed using the Snowball method. The analysis used an interactive model. The results showed that, the prohibition of tribal marriages in Minang Batipuh Ateh aims to restore the disturbed balance due to violations committed by a person and to maintain the 158 Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh... (Yayan Sopyan) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) existence of the culture and lineage of the Minang tribe based on matrilineal. Apart from that, the prohibition of inter-ethnic and ethnic marriages in Batipuh Ateh, because: 1) maintaining and preserving customary law; 2) limiting associations; 3) give birth to quality offspring; 4) does not interfere with children's psychology; 5) do not lose their customary rights, and 6) customary payment sanctions. Sanctions for violations of tribal marriages in Batipuh Ateh are: 1) the perpetrator was expelled from Nagari 2) the penalty imposed on Ninik-Mamak by paying a fine; 3) thrown away according to custom, or discarded saro, and 4) excluded from social interactions. Therefore, the permissibility of tribal marriages originating from different Nagari is a solution provided by traditional leaders, as an answer to the changing times, and accommodation to the view of Islamic marriage law.
Mediasi dalam Itsbat Nikah Kontensius di Mahkamah Syar’iyyah Aceh Tengah Zakiul Fuady
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2615

Abstract

An assignment of marriage is obligatory for couples married without the registration of legal marriage for the guaranteed certainty of law. This study aims to determine the number of cases of intermarriage in Kabul at the Central Aceh Syar'iyyah Court, the implementation of contingent marriage licenses, and the position of mediation on the marriage certificate. This juridical empirical research uses a qualitative approach with six judges as informants. Data collection techniques using interviews and documentation. The results showed the number of cases of marriage with the Syar'iyyah Court of Central Aceh in the last six years was 2,117 cases with details of 1,969 volunteer cases and 148 cases of contingency. The implementation of itsbat contingent marriage at the Syar'iyyah Court has met the standard regulations, but there are only petitioners and defendants by children or husband/wife, and there are no disputes involving other parties so that it cannot be categorized as fully contingent. The position of mediation in itsbat contingent marriage at the Central Aceh Syar'iyyah Court was not implemented because there were no disputes and did not involve other parties. Therefore, PERMA No. 1 of 2016 should be reviewed, which requires mediation in contingent cases.
Siyasah Pandemi ‘Umar bin al-Khaṭṭāb (Politik Kesehatan ‘Umar bin al-Khaṭṭāb dalam Menghadapi Wabah ‘Amwās Tahun 17-18 H/638-639 M) Masykur Rozi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2848

Abstract

This paper to analyze of the respons of Umar bin Khattab in facing the 'Amwas pandemic in 638-639 AD in the perspective of health politics; and find patterns of political health theory practiced by Umar bin Khattab when facing a health emergency. The political theory of health from Bjørkdahl & Carlsen used to construct historical data documented in the hadith and historical books into a theory. The research method used documentation and content analysis techniques. The results showed that, Umar bin Khattab placed health as an important element under the prospect of people's welfare. Umar bin Khattab understood the plague as a natural human reality. This belief used as a knowledge base in shaping policies for handling outbreaks. The first technical implementation is the transfer of limited autonomy to the amir to prevent conflicts of authority. The second implementation is the transfer of value which becomes the standard for practical policy formation. The communication tactics used by Umar bin Khattab were parables and idioms that were in accordance with the understanding capacity of the interlocutor to involve all parties to participate in handling the epidemic.
Covid-19 Pandemic as the Reasoning of Force Majeure towards Financing in Islamic Banking Riska Wijayanti; Ani Yunita
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2699

Abstract

This paper analyzes the Covid-19 pandemic as a reason for force majeure in non-performing loan and legal effort its. This juridical-normative research uses a conceptual, statutory and case approach. Analysis using prescriptive with logic and legal reasoning. The results show, the Covid-19 pandemic cannot automatically be used as a reason for force majeure, even though it is designated as a non- 220 Covid-19 Pandemic as the Reasoning of Force Majeure towards Financing ... (Riska Wijayanti) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) natural national disaster because to find out which debtors are affected by the pandemic and the payment difficulties, should be proven through the decision of the Religious Court and must fulfil the elements in Article 1244 and 1245 Civil Code. Legal efforts to settle non-performing loans are rescue and settlement. The rescue is carried out by minimizing financial costs and restructuring financing. Settlement can be made by seeking through an auction or by executing the guarantee. The last alternative is resolved through the Religious Court. The legal effort of future for the rescue of non-performing loan that occurred due to the spread of the Covid-19 Pandemic is by renegotiating, whereby making new contracts or issuing addendums that bind the parties and must be implemented in good faith. Therefore, the ius constituendum is indispensable for the settlement of non-performing loan that caused by the pandemic through the OJK Regulation.
The Adat Litigation and Adultery Sanctions In Batanghari-Jambi Province Fathuddin Abdi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.2766

Abstract

This paper analyzes about the process and sanctions for adultery in the Customary institutions of Batanghari according to Islamic law. The method used sociology of law with a qualitative approach. The technique of collecting information uses observation, interviews and literary studies. The analysis technique uses an interactive model. The results showed, the resolution process and sanctions adultery in the Customary Institution of Batanghari, are:1) adultery pairs will be called by customary stakeholders (niniek mamak) and collected by tuo-tuo tenganai;2) if both have confessed, the niniek mamak, syara’ officials and the village head will determine the sanctions in the form of fines/debts and the time of 236 │ Covid-19 Pandemic as the Reasoning of Force Majeure Towards Financing ... (Riska Wijayanti) Vol 18 No 2, Desember 2020 ISSN 1829-7382 (Print) 2502-7719 (Online) payment; 3) payment times: 1x7, 2x7, 3x7 (3 weeks). If, the perpetrator has not paid, then he will be expelled from the village, because it is considered that he does not respect customary law. The sanctions for the perpetrator of adultery in that customary law is not the same as the Islamic criminal law, namely the stoning penalty for adultery. However, substantively its does not contradict Islamic law because the Al-Quran and Sunnah do not show the prohibition of imposing sanctions that are less than the ones stipulated by sharia, even Islamic law calls for the perpetrator to be forgiven or to be given a punishment that does not exceed the perpetrator's actions.
Praktek Perkawinan Muhallil di Padarincang Serang Provinsi Banten Indonesia Ahmad Sanusi
Jurnal Hukum Islam Vol 18 No 2 (2020)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v18i2.3476

Abstract

This paper to analyse about muhallil marriage, which is carried out as a requirement to be allowed remarry between ex-husband and ex-wife, that has been talaq bain ( divorced three times) in Padarincang District, Serang Regency, Banten Province. This juridical empirical research uses qualitative. Data collection techniques using observation, interviews and documentation studies. The analysis technique uses an interactive model. The results show that the practice of muhallil marriage in Padarincang District was different from the existing provisions, because the ex-husband had to find the penyelang to ex-wife, then agreed by paying the penyelang and limiting the time of marriage. The ex- husband also forced the penyelang to divorce his wife, so that he could immediately remarry his ex-wife without waiting for the iddah period to end. According to Islamic law, marriage is haram and illegitimate, except it is carried out in earnest by Islamic law. Based on these facts, socialization and awareness should be carried out in the community about muhallil marriage, so that there is no violation of Islamic law and positive law.

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