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Journal of Mujaddid Nusantara
Published by Yayasan Lembaga Pendidikan dan Penelitian Sosial
ISSN : -     EISSN : 30478030     DOI : https://doi.org/10.62568/jomn
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Mujaddid Nusantara (JoMN) is an international journal in the field of law. This journal is a double-blind peer-reviewed journal published by the Institute for Education and Social Research. This journal aims to disseminate the results of research conducted by researchers, academics and practitioners throughout the world in the fields of Islamic Law and Positive Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Treatment Using Haram Substances According to an Islamic Legal Perspective Zaleha Zaleha; Muzakir Muhammad Amin; Diauddin Ismail
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.97

Abstract

In terms of the medical field, it has evolved in tandem with human capabilities and the passage of time. Humans, like all other living things, will inevitably suffer from a variety of illnesses, some minor and others serious. People are encouraged to look for other treatment options in an attempt to overcome this illness, and as a result, it is discovered that the law of treatment—which stipulates which treatments are permitted and which are haram—is connected to the usage of haram products and chemicals. Al-Baqarah verses 168 and 172 provide justification for the use of halal and good food, despite the commandment to abstain from haram items. In deciding how to regard haram items, scholars of the mujtahid school also cite QS Al-Baqarah verse 173. This provider makes use of socialization methods and questions and answers in the studio at...., it is hoped that the studio group will be able to know the law of treatment with haram goods/substances in accordance with the Shari'a specified in Islamic law.
The Concept Of Corruption According To The Perspective Of Islamic Criminal Law Ahmad Syarbaini; Andi Hakim Lubis; Muhammat Faosan Dohae Bin Abdulsomad
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.98

Abstract

Corruption comes from the Latin coruptio and corruptus which means to bribe and corrumpere which means to destroy. Corruption is included in jarîmah. Jarîmah is: "Prohibitions of syara', namely; Threats with 'uqūbat had or ta'zir". Ta'zir is: "'uqūbat determined by the authorities in order to refuse thinning and prevent crime". Corruption in Indonesian law is: "Unlawfully committing acts of enriching oneself or another person or a corporation that can harm state finances or the state economy". While the terms that are close to corruption in Islamic studies are: "ghulūl, ikhtilâs, risywah and al-fasad and". Corruption according to fiqh is: "It is a jarîmah or a modern and extraordinary crime for which there is no agreement on the terms and definitions. While the 'uqūbat is ta'zîr which is returned to waliyul amri".
Examination Of The Ruling Of The Syar'iyah Court On Divorce Cases Lawsuit Asnawi Abdullah; Zulfikri Toguan; Fatahillah Syahrul; Muhammad Saleh
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.102

Abstract

When there is an indication of judicial negligence in providing legal considerations, it is highly possible to conduct an examination or investigation. The decision of the Bireuen Sharia Court regarding divorce on demand, the panel of judges pronounced talak ba’in sughrā against the plaintiff without first attempting reconciliation through the appointment of an arbitrator. Looking at the legal provisions, when a case falls under shiqāq, the judge must appoint an arbitrator. Therefore, departing from this issue, there is a need for an examination as to why the judge did not appoint an arbitrator to resolve the dispute and what legal considerations were provided by the judge. This study is designed with a qualitative pattern, utilizing a statutory approach. Data collection techniques involve documentation and interviews. The research findings prove that the panel of judges argued that it did not fall under shiqāq cases, hence the appointment of an arbitrator was not necessary. The legal considerations provided by the judge in the divorce ruling include fiqhiyah principles, legal provisions, Supreme Court jurisprudence, Quranic verse al-Rūm ayat 21, and fiqhiyah principles.
Analysis of Government Regulation Number 39 of 2021 and Islamic Law on Slaughter Products at the Mr. Edi Sugara’s Poultry Slaughterhouse Ninik Sri Rahayu Wilujeng; Abdul Hadi Bin Abdul Satar; Gavkhar Zokirova
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.108

Abstract

Slaughter is a way to release the life of an animal using a very easy method, do not hurt, using a sharp knife. One of them is the slaughter of poultry in poultry slaughterhouses that provide poultry (ducks) for the community and are sent to ready-to-eat restaurants. In the villages, many have opened these businesses. However, many poultry slaughterhouse managers do not know the exact slaughter procedures in accordance with Islamic Law and Government Regulation Number 39 of 2021 concerning Halal Product Assurance which will later affect a slaughter result. The purpose of this study is to analyze animal slaughter products at the poultry slaughterhouse of Mr. Edi Sugara in review of Islamic Law and in Government Regulation Number 39 of 2021. The research method used is an empirical juridical approach or called field research. The data collection techniques used were structured interviews, observations, and document studies. The data analysis used in this study used qualitative descriptive. Researchers test and ascertain the validity of the data using triangulation techniques. The results of this research found that animal slaughter products (ducks) at The Poultry Slaughterhouse of Mr. Edi Sugara are in accordance with Islamic Law so that they meet halal slaughter products in Government Regulation Number 39 of 2021.
The Racial Justice Dilemma: Examining the Enforcement of Capital Punishment in Contemporary Legal Systems Nurhabibi Nurhabibi; Serimin Pinem; Musta'ana Musta'ana; Maimun A. Rahman
Journal of Mujaddid Nusantara Vol. 1 No. 1 (2024): Journal of Mujaddid Nusantara March, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i1.111

Abstract

This research aims to discuss the dilemma of racial justice that arises in the enforcement of capital punishment in various contemporary legal systems. Although legal principles mandate justice and equality before the law, the enforcement of capital punishment often reflects glaring racial imbalance. This study analyzes the factors causing racial disparities in the application of capital punishment, as well as its impact on public trust in the legal system. The research also investigates various reform efforts that have been proposed or implemented to address the issue of racial justice in the enforcement of capital punishment. Referring to various reports, studies, and official sources from Indonesia, it can be concluded that urgent reforms are needed to address this dilemma. Measures such as racial awareness training for legal professionals, increased access to legal aid, and a review of law enforcement policies are key to improving racial justice and rebuilding public trust in the justice system. Thus, this analysis not only provides a deeper understanding of racial justice issues in the context of capital punishment in Indonesia but also highlights the efforts needed to create a fairer, more inclusive legal system respected by all members of society.
Exploring Discrepancies in the Utilization of Joint Marital Assets: A Normative-Sociological Analysis Fazlon Umar; Cecep Soleh Kurniawan
Journal of Mujaddid Nusantara Vol. 1 No. 2 (2024): Journal of Mujaddid Nusantara June, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i2.131

Abstract

Joint assets in marriage encompass all assets acquired after marital status is established through a legal union and are jointly owned by both spouses or held in joint names acquired simultaneously during marriage. Indonesian Positive Law, including Law no. 16 of 2019 concerning Marriage, the Compilation of Islamic Law, and the Civil Code (KUHP), governs the utilization of joint property in marriage, ensuring equal rights for both parties. However, discrepancies exist between legal provisions and public understanding regarding the use of joint marital assets. This study, conducted in Trienggadeng Pidie Jaya, employs qualitative methods to explore the community's comprehension of joint property using Indonesian Positive Law as an analytical framework. It adopts a normative-sociological approach, treating Indonesian Positive Law as the basis for analyzing societal perceptions and behaviors related to collective property. The research reveals discrepancies between normative rules and public understanding of the regulations governing the use of joint marital assets.
Marine Environmental Pollution And Its Impacts On The Fulfillment Of Indigenous Peoples' Right To A Healthy Environment Lucia Tahamata; Vonda V. Hattu
Journal of Mujaddid Nusantara Vol. 1 No. 2 (2024): Journal of Mujaddid Nusantara June, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i2.132

Abstract

This research aims to analyze and understand marine environmental pollution and its impact on the fulfillment of indigenous peoples' right to a healthy environment. The study employs an empirical juridical research type, utilizing literature review based on theory, doctrine, and legal norms related to the discussed issues. This research is prescriptive, analytical, and explanatory, addressing problems based on legal provisions, norms, and theories, then analyzing them qualitatively. Ultimately, it will draw conclusions to answer the discussed problems.
Implementation of Straight Liability and Liability Based On Fault Concepts in Environmentally Sound Economic Development in Indonesia Fahrizal S Siagian; Geofani Milthree Saragih; Frans Maruli Silaban; Saied Firouzfar
Journal of Mujaddid Nusantara Vol. 1 No. 2 (2024): Journal of Mujaddid Nusantara June, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i2.134

Abstract

This research aims to answer problems related to the regulation of the concept of punishment in environmental aspects in the Indonesian criminal justice system. Second, this research aims to answer the juridical implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia. This research uses normative legal research that focuses on primary, secondary, and tertiary legal materials. This research obtained several important points including legal arrangements related to the concept of environmental crime regulated in Law Number 32 of 2009 concerning Protection and Management of the Indonesian Environment. Second, the implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia has so far not been maximized. This is due to the lack of mentality and consistency of law enforcement officials to enforce environmental law in a complex manner. So that this research proposes to strengthen the essence and existence of law enforcement officials in enforcing environmental law in order to preserve Indonesia's environmental ecosystem.
The Mubadalah Approach to Parental Rights and Obligations in Childcare According to Islamic Law Umar Multazam; Akhmad Roja Badrus Zaman
Journal of Mujaddid Nusantara Vol. 1 No. 2 (2024): Journal of Mujaddid Nusantara June, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i2.139

Abstract

The present article elucidates the concept of child custody through the lens of the Mubadalah approach. The family serves as the primary environment for children from birth, where they acquire numerous life skills. Therefore, the dynamics of child custody, whether involving the father, the mother, or both parents equally, significantly impact the child’s cognitive, affective, and psychomotor development. This study aims to examine child custody as analyzed through the Mubadalah perspective. The research employs a qualitative methodology, specifically library research. The study involves a thorough review of literature pertaining to the Mubadalah approach as discussed in the book “Qiro’ah Mubadalah.” Data collection is executed through documentation, and the research process incorporates triangulation by comparing information from diverse theoretical perspectives found in various sources. The approach intertwines with data collection and encompasses data reduction, data presentation, and the formulation of conclusions. Findings from this research indicate that the Mubadalah approach to child custody is applicable and beneficial in childcare. It plays a crucial role in shaping children’s future personalities and characters, fostering a perspective of equality. The analytical concept of child care, as applied here, portrays a collaborative process between the father and mother, emphasizing shared responsibility and eliminating disparities in caregiving roles.
Against The Practice of Money Politics: An Analysis of The Potential For Bribery Prevention In The Conduct of Elections Suryaningsi Suryaningsi; Novita Amelia Putri
Journal of Mujaddid Nusantara Vol. 1 No. 2 (2024): Journal of Mujaddid Nusantara June, 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jomn.v1i2.141

Abstract

This article examines the prevalence of money politics during local elections in Samarinda City, offering a comprehensive analysis of Article 187A from the 2017 Election Law. The objective is to assess the impact of money politics on electoral integrity and democratic principles, alongside evaluating the efficacy of Article 187A in mitigating these challenges. Employing a qualitative approach with a case study design, the research integrates interviews with officials from the East Kalimantan Election Supervisory Agency and direct observation of money politics cases in Samarinda City. The findings reveal that money politics compromises election integrity and undermines democratic ideals. Despite the potential of Article 187A to address these issues, its implementation encounters significant hurdles. In conclusion, rigorous measures are imperative to combat money politics and enforce electoral laws, ensuring fairness and integrity in the electoral process. The research underscores the necessity for enhanced implementation of Article 187A and heightened public awareness to counteract the influence of money in elections.

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