Abstract:According to contemporary scholars, buying and selling shares is of the opinion that buying and selling shares is legally permissible and some are prohibited. Meanwhile, according to the DSN Fatwa, ensuring share buying…
and selling transactions are halal. Buying and selling shares from an Islamic legal perspective is an important topic in integrating modern economic practices with sharia principles. The analysis includes the definition of shares as ownership of company assets, the importance of ensuring that the company's business is halal, as well as the prohibition against usury and gharar. Differences of opinion among scholars in determining the law itself. This research aims to compare the opinions of the DSN Fatwa with Contemporary Fuqaha in determining the law on the sale and purchase of shares. The approach used in this writing is a normative juridical approach with literature studies. The results that the author can conclude are that the law on buying and selling shares is permissible and some is prohibited.
Abstract:Medical personnel are a group of workers who are at high risk of experiencing work accidents and occupational diseases. One type of occupational disease that is often experienced by medical personnel is mental illness. Mental…
ental illnesses experienced by medical workers can have a negative impact on their quality of life, performance and productivity. Therefore, medical personnel who suffer from mental illness have the right to receive protection and guarantees from the government and employers. However, in practice, medical personnel who suffer from mental illness often experience difficulties in submitting claims. The research entitled "Recognition of Mental Illness as a Consequence of Medical Personnel in Work Accident Insurance Claim Procedures in Indonesia" is normative-qualitative research. Medical workers face a lot of stress and workload, especially during the COVID-19 pandemic, and mental illness is one of the consequences. Mental illness can impair their performance, health, and well-being, and place them at risk to patients and their work environment. With the recognition of mental illness as a consequence of medical personnel in the JKK claim procedure in Indonesia, JKK is a social security program organized by BPJS Employment. This program provides guarantees to workers or laborers to receive health services and cash compensation due to work accidents or work-related illnesses. So it is hoped that it can provide benefits for medical personnel in the form of getting proper protection, increasing the productivity of medical personnel and improving the quality of health services.
Abstract:This article examines the views of classical and modern scholars on what is related to jilbab. It's a matter of culture. That's more of a moral expression. Nevertheless, this expression invites other meanings that need to…
o be associated according to necessity. This need may be hard to guess, so whatever it means is hidden behind the text. (the hidden texts). Thus, it is perfectly logical that the jellyfish are categorized in the sphere of culture. However, not a few scholars have viewed the figs in the colors of the sacrament, and these sacred values have been regulated according to normative principles. This article will show the diversity of the views of classical and contemporary scholars in understanding the Qur'an as the texts of the Islamic source law relating to the jilbab.
Abstract:The important role of freedom of expression as a basis for equality, especially within the framework of constitutional law, is very important in Indonesia. This research uses normative juridical qualitative methods to obtain…
tain a comprehensive understanding of the legal aspects that regulate freedom of expression in the country. Recognized as an essential human right, freedom of expression is explicitly protected by the 1945 Constitution of the Republic of Indonesia. The focus of this research is to examine the legal norms governing freedom of expression, which include provisions such as Article 28E paragraph (3) and Article 19 of the Constitution 1945, as well as other statutory regulations. The research results show that freedom of expression is recognized as an inalienable right by the state and is one of the foundations for the realization of a just and democratic society. Although freedom of expression is guaranteed by the constitution, this research also highlights the obstacles and challenges in its implementation. In Indonesia, challenges arise in navigating diverse interpretations of freedom of expression, with concerns about potential exploitation by entities harming public interest. Striking a balance between freedom of expression and societal stability/security is deemed crucial. The research aims to better understand the complexity of freedom of expression within the country's constitutional law and its role in promoting equality. This research aims to find useful insights for creating better policies. These policies should strike a good balance between individual freedom and public interest, ultimately fostering a fair and democratic society.
Abstract:This study examines the effectiveness of regulations preventing child marriage in the city of Surabaya after the enactment of Law No. 16 of 2019, which raised the minimum age for marriage to 19 years, but still allows for…
r marriage dispensations through Article 7 paragraph (2). This normative loophole raises academic questions about how the law works in social reality and how preventive measures can be institutionalized. This study aims to assess the implementation of regional policies, particularly Perwali No. 32 of 2024, and to examine the practices of religious courts in deciding on marriage dispensations using Lawrence M. Friedman's Legal System Theory and the principle of Sadd al-Dzarīʿah as analytical tools. Empirical research methods were used through interviews, observations, documentation, and qualitative analysis of two cases of marriage dispensation that were rejected and granted. The results of the study show that the significant decrease in the number of marriage dispensations in Surabaya occurred due to the synergy of the legal structure (Religious Court, DP3APPKB, Ministry of Religious Affairs, RT/RW), legal substance through the Perwali which tightened procedures, and changes in the legal culture of society. The courts applied new standards that are more protective and based on maqāṣid al-syarī‘ah , making marriage dispensations an emergency mechanism rather than a legalization of child marriage. This study provides theoretical implications in the form of an integrative model between maqāṣid and the modern legal system, as well as practical implications in the form of recommendations to replicate the Surabaya model in other regions in an effort to protect children.
Abstract:This study aims to examine the authenticity of Sahih Bukhari Hadith No. 2112 regarding the right of khiyar through a comprehensive takhrij method to ensure the validity of the evidence in muamalah policy. Additionally, this…
his study examines the mechanism of transmitting legal texts without editorial changes and compares the ijtihad of the four schools of jurisprudence regarding time limits to provide consumer protection solutions in the digital age. The methodology employed is normative legal research using a descriptive-analytical qualitative approach through library research. Data collection techniques involved cataloging hadiths on khiyar from the Kutubus Sittah, identifying the structure of the isnad, and analyzing key vocabulary (mufradat). Data analysis was conducted through stages of isnad criticism to assess the quality of the narrators, systematic analysis of the matn, comparative analysis across schools of thought, and the synchronization of traditional principles with modern economic realities. The research results indicate that the hadiths on khiyar possess exceptional chain of transmission quality within the Silsilah adz-Dzahab tradition, ensuring the text’s accuracy free from distortion over fourteen centuries. Regarding the time limit for khiyar syarat, differing viewpoints were identified: the Shafi’i school limits it to a maximum of three days, while the Maliki school allows a duration of up to 38 days depending on the type of object. In conclusion, the principle of khiyar remains relevant in the digital economy through the transformation of the order cancellation feature as a manifestation of khiyar majelis, as well as the return policy as an application of khiyar aib and khiyar syarat. The implications of this research emphasize that the ethical values of khiyar can serve as a foundation for regulators in refining consumer protection laws to minimize information asymmetry and ensure full consent (antaradin) in every online transaction
Abstract:Discourse on constitutionalism often emphasizes the existence of a written constitution as the foundation of democratic governance. Yet, constitutionalism is not merely about the text but it is about the lived practices…
that give substance to constitutional ideals. This article interrogates the extent to which participation moves beyond symbolic consultation to become a substantive mechanism that embodies constitutionalism in practice. The central research question is how can meaningful public participation be conceptualized and operationalized as the essence of constitutionalism in legislative processes? It examines constitutional provisions, statutory frameworks, and judicial interpretations in selected jurisdictions. The analysis is enriched by theoretical frameworks of deliberative democracy and participatory constitutionalism, which highlight the normative value of inclusivity, transparency, and accountability in law making. The article concludes that embedding meaningful public participation transforms law-making from a formal exercise of authority into a constitutional practice that legitimizes governance, strengthens democracy.
Abstract:Advances in information and communication technology have spurred substantial changes in legal transaction procedures in Indonesia, primarily through the utilization of electronic agreements. Agreements that were previously…
sly made in traditional paper formats are now frequently conducted digitally, raising legal concerns regarding their legality, validity, evidence, and legal protection for the involved parties, particularly consumers. Although electronic agreements are normatively recognized in the Civil Code (KUHP) and the Law on Electronic Information and Transactions, practical implementation issues persist, leading to legal uncertainty. This research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Data was obtained through a literature review of primary, secondary, and tertiary legal sources related to electronic agreements and civil legal protection. Qualitative descriptive analysis was conducted to investigate the legal status of electronic agreements and the legal protection available for the parties within the Indonesian legal framework. The discussion results indicate that electronic agreements possess legal validity and binding force equivalent to traditional agreements, provided they meet the criteria for a valid agreement as outlined in Article 1320 of the Civil Code and the provisions of the Information Technology Law. Legal protection in electronic agreements encompasses legal certainty, the recognition of electronic document and signature evidence, and consumer protection against detrimental standard clauses. Nevertheless, challenges remain in establishing party identification, ensuring the integrity of digital contracts, and addressing power imbalances between commercial entities and consumers. This study concludes that while electronic agreements are legally recognized under Indonesian civil law, enhancing legal protection requires strengthened regulations, consistent law enforcement, and improved legal and digital literacy among the public to ensure secure, fair, and equitable electronic transactions.
Abstract:The ambiguity of the norms in Article 51 of the Law raises issues regarding the validity of copies of corrected deeds and the liability of Notaries towards the parties involved. This study aims to analyze the legal status…
s of the corrected deed copies and the forms of Notaries' responsibility for errors that occur. The research method used is normative juridical legal research with legislative and conceptual approaches, through descriptive qualitative analysis of primary and secondary legal materials. Research findings indicate that corrections to copies of deeds remain valid and equivalent to the deed minutes as long as the errors are administrative in nature and the corrections are made in accordance with regulations, so they do not alter the substance of the deed. However, if corrections are made not in accordance with the UUJN procedures or result in substantial differences with the minutes, then the copy of the deed may be downgraded to a private deed and categorized as a legally defective deed. Notaries are liable in civil, administrative, criminal, and ethical terms, because such negligence constitutes an unlawful act under the concept of liability. In conclusion, corrections to deed copies remain valid as long as they do not change the substance and are carried out according to procedure, while Notaries are obliged to bear legal responsibility for any typing or writing errors arising from their negligence.
Abstract:The phenomenon of bullying in educational settings involving children and adolescents is increasingly worrying because it has serious physical and psychological impacts on victims. This study aims to analyze the criminological…
ogical perspective on children as perpetrators of bullying and to identify the criminogenic factors that influence this behavior. The method used is normative legal research with a case study approach and a conceptual approach, utilizing secondary data from legal literature, journals, and bullying cases at the Al-Azhar Janapria Islamic Boarding School in Central Lombok. The results indicate that bullying behavior can be explained through strain theory, differential association theory, social control theory, and labeling theory. Bullying is influenced by faulty social learning processes, weak social control, and the application of negative labels. Criminogenic factors include the social environment, the individual, peers, and the family. Prevention efforts need to be carried out comprehensively through synergy between families, schools, and the community to create a safe and violence-free educational environment.