Ijtihad

Mekanisme Penyelesaian Sengketa Hasil Pemilihan Keuchik Menurut Hukum Positif Dan Konsep Al-Shulthah Al-Qadaiyyah

Syifa Rizkia Ananda Putri, Muhammad Siddiq Armia, Azmil Umur — Mon, 29 Dec 2025 00:00:00 +0800

This study aims to analyse the mechanism for resolving disputes arising from the keuchik (village head) elections (Pilchiksung) in Banda Aceh, focusing on Banda Aceh Mayor Regulation No. 14 of 2023 in the perspective of al-sulṭhah al-qaḍā’iyyah (judicial power) in fiqh siyasah. The Pilchiksung dispute in Gampong Kampung Baru, Baiturrahman District, is a current case that shows the tension between administrative norms in regional regulations and the demands for substantive justice, which is the main principle of Islamic siyasah. The research method used is normative legal research with a juridical-theological approach. Data was obtained through a literature study of legislation and fiqh siyasah literature, as well as interviews with village officials as supporting data. The results of the study show that Perwal No. 14 of 2023 has provided a tiered dispute resolution mechanism through village deliberation, subdistrict facilitation, and mayor's decisions. However, this mechanism is still administrative in nature and does not fully address the need for judicial independence. From the perspective of al-sulṭhah al-qaḍā’iyyah, dispute resolution should emphasise the principles of substantive justice, objectivity, and independence so that the legitimacy of the election results can be accepted by all parties. This study recommends the need to update the Perwal by adding a quasi-judicial mechanism or a neutral customary mediation institution, so that the resolution of Pilchiksung disputes is not only procedurally valid but also fulfils the community's sense of substantive justice.

Ṭalāq In A State of Anger

Mon, 29 Dec 2025 00:00:00 +0800

This research is motivated by the high divorce rate in Indonesia from 2020-2023 which is largely caused by disputes and quarrels. The disputes and quarrels occur because of the angry condition of each individual, therefore, this problem is certainly very important to study. This research will focus on how ṭalāq is in a state of anger according to Yusuf Qardhawi and Wahbah Az-Zuhaili. In this matter, the two scholars have different opinions regarding the law of ṭalāq in a state of anger. These differences are certainly based on legal foundations, the method of legal istinbat and other reasons. These differences in opinion are also the background for this research. This study aims to find out the validity of ṭalāq pronounced in a state of anger and how the method of determination the law of ṭalāq pronounced in a state of anger according to Yusuf Qardhawi and Wahbah Az-Zuhaili. This research method uses library research by collecting data that refers to the books of Yusuf Qardhawi and Wahbah Az-Zuhaili. The approach used is descriptive-analytical-comparative. This method is used to describe the views of the two scholars, analyze the basis of their legal deduction, and compare the results. The results show that ṭalāq in a state of anger according to Yusuf Qardhawi is divided into three levels. First, ordinary anger falls into ṭalāq with a note that it has gone through a settlement stage in household problems. Second, moderate anger does not fall into ṭalāq. Third, peak anger does not fall into ṭalāq. The method of determining the law used by Yusuf Qardhawi is to use Intiqa'i Ijtihad. Meanwhile, according to Wahbah Az-Zuhaili, ṭalāq in a state of anger does not fall unless the anger reaches a peak level. The method of determining the law used by Wahbah az-Zuhaili is as-Sunnah.

Analisis Yuridis Terkait Rencana Pemberian Hak Kekayaan Intelektual Terhadap Sound Horeg Di Jawa Timur

Mon, 29 Dec 2025 00:00:00 +0800

The sound horeg phenomenon, which has emerged in East Java, has evolved into a form of contemporary cultural expression that integrates music, technology, and visual performance. As a part of popular culture, sound horeg presents new dynamics within the performing arts landscape and raises important legal discourse regarding its protection through Intellectual Property Rights (IPR). This article aims to examine the feasibility of sound horeg as an object of IPR protection within Indonesia’s legal framework by analyzing the applicable laws, the conformity of sound horeg’s characteristics with substantive legal requirements, and the resulting juridical implications. Using a normative legal approach, this study evaluates statutory regulations and academic literature. The findings reveal that sound horeg has the potential to be protected under copyright, industrial design, or even patent law, depending on the originality and distinctiveness of each element. However, such legal protection also poses challenges—particularly regarding the verification of originality, the risk of cultural appropriation, and concerns over public order due to the high volume of sound emitted during performances. Therefore, a selective, contextual, and inclusive legal approach is necessary, along with regulatory measures to ensure that the use of sound horeg respects both creative rights and community well-being

Pemenuhan Hak-Hak Non-Muslim Dalam Perspektif Fikih Siyasah

Muhammad Rizki, Bustamam Usman, Safira Mustaqilla — Mon, 29 Dec 2025 00:00:00 +0800

This article aims to analyze the fulfillment of non-Muslim rights in the implementation of Islamic Syariah Qanun in Aceh, particularly regarding dress regulations and restrictions during the month of Ramadan. This study is significant as it highlights the tension between positive legal norms that guarantee freedom of religion and social practices that tend to pressure non-Muslims to conform to the majority’s rules. The research employs a qualitative approach with a normative juridical method, focusing on the analysis of legislation, court decisions, and academic literature at both national and international levels. The findings indicate that, normatively, non-Muslims are not bound by the obligation to comply with syariah-based qanun. However, in practice, they are still affected by social pressures and legal interpretations prevailing within society. This reveals a gap between constitutional guarantees and social realities on the ground. From the perspective of fiqh siyasah, the principles of al-ʿadālah (justice), lā ikrāha fī al-dīn (no compulsion in religion), and al-taʿāyush al-silmī (peaceful coexistence) should serve as the foundation for implementing Islamic law, so that law can function as an instrument of substantive justice. In conclusion, the protection of non-Muslim rights in Aceh would be better ensured if the implementation of the qanun were carried out in a persuasive and dialogical manner, in line with the objectives of maqāṣid al-sharīʿah.

Analisis Rasio Likuiditas Solvabilitas Dan Rentabilitas Untuk Mengukur Kinerja Keuangan Pt Bank Smbc Indonesia Tahun 2019-2023

Okah Uji Rahayu, Rinaldi Rinaldi — Mon, 29 Dec 2025 00:00:00 +0800

This study is conducted to evaluate the financial performance of PT. Bank SMBC Indonesia over the period from 2019 to 2023 by analyzing various financial ratios, including those related to liquidity, solvency, and profitability. The research employs a descriptive quantitative approach, utilizing secondary data sourced from the official website of Bank SMBC Indonesia. Liquidity was assessed through the Quick Ratio and Loan to Deposit Ratio, while solvency was measured using the Debt to Asset Ratio. Profitability was examined by analyzing Return on Assets (ROA) and Return on Equity (ROE). The results reveal that, despite some fluctuations 3the study period, the overall financial condition of Bank SMBC Indonesia remained relatively stable. The liquidity ratios demonstrated that the bank maintained a sufficient capacity to fulfill its short-term liabilities. The solvency ratio indicated a consistent ability to manage its long-term financial obligations. Profitability ratios showed that the bank was generally effective in generating income, although certain years experienced a decline. In summary, the financial performance of PT. Bank SMBC Indonesia from 2019 to 2023 can be considered sound, yet there is room for enhancement, particularly in improving the efficiency of asset and equity management.

Analisis Perdagangan Karbon Di Indonesia Dalam Perspektif Mashlahah

Muhammad Najih Vargholy, Sifa Arsyanda — Mon, 29 Dec 2025 00:00:00 +0800

Carbon trading has become an important market-based policy instrument in climate change mitigation, but its effectiveness in Indonesia is still debatable. This study aims to analyse the implementation of carbon trading based on the mashlahah approach in Islamic law to assess its relevance to sustainable development. The research questions raised in this study are 1) what are the challenges and effectiveness of carbon trading in Indonesia and 2) what is the Islamic perspective on carbon trading in Indonesia from a mashlahah perspective? The research method used is normative juridical with an analytical approach, utilising primary, secondary, and tertiary legal materials through literature study, and analysed descriptively-prescriptively. The results of the study show that carbon trading in Indonesia has not been effective in preserving the environment. This market-based mechanism is counterproductive to environmental preservation because it has the potential for greenwashing, minimal emission reductions, and the risk of marginalising local communities. From a mashlahah perspective, carbon trading falls into the category of mashlahah wahmiyyah because its benefits are illusory. Therefore, it is necessary to integrate maqasid shariah values into environmental policies that are more credible, participatory, and oriented towards ecological justice.

Keabsahan Perceraian di Luar Pengadilan Menurut Perspektif Mazhab Syafi'i dan Hukum Keluarga Islam Brunei

Nur Fatin Farizah Hj Mohd Kassim, Hafini bin Mahmud — Mon, 29 Dec 2025 00:00:00 +0800

Divorce may occur when conflicts between a husband and wife can no longer be reconciled. Although it is permitted and lawful in Islam, it remains one of the acts most disliked by Allah SWT and is subject to specific legal rulings and regulations. According to recent statistics, cases of extra-judicial divorce have been increasing from year to year. Since Brunei Darussalam adheres to the Shafi‘i school of jurisprudence, this study aims to analyse the validity of extra-judicial divorce both from the perspective of the Shafi‘i madhhab and under Bruneian law. To achieve this objective, the study adopts a qualitative approach through library research and document analysis, including classical Shafi‘i texts and relevant statutory provisions, particularly the Islamic Family Law Act (Chapter 217). The expected findings indicate that, according to the Shafi‘i madhhab, a husband’s pronouncement of divorce is deemed valid as long as it fulfils the conditions stipulated by the sharia, even without confirmation from the court. In contrast, under Bruneian law, the husband’s pronouncement of divorce must be confirmed by the court to be legally recognised. Therefore, this study emphasises the importance of adhering to Brunei’s Islamic Family Law in order to safeguard the rights of all family members and to achieve family harmony.

Optimalisasi Distribusi Dan Pendayagunaan Zakat Produktif Dalam Mendukung Tujuan Pembangunan Berkelanjutan (Sustainable Development Goals - SDGs)

Tiara Azzahra, Cupian Cupian — Mon, 29 Dec 2025 00:00:00 +0800

This study aims to analyze the role of productive zakat in supporting the achievement of the Sustainable Development Goals (SDGs) in Indonesia, particularly in eradicating poverty (SDG 1) and promoting decent work and economic growth (SDG 8). Using a qualitative approach through library research, this study examines the conceptual and empirical relationship between productive zakat management and sustainable development. The findings indicate that productive zakat plays a significant role in improving the welfare of mustahik through business capital assistance, skills training, and continuous mentoring programs. Zakat management institutions such as BAZNAS and LAZ hold a strategic role in strengthening good zakat governance based on transparency and accountability to maximize socio-economic impact. However, the implementation of productive zakat in Indonesia still faces challenges, including limited mustahik data, low zakat literacy, and weak integration with national fiscal policies. This study recommends zakat digitalization, capacity building for human resources, and multi-stakeholder collaboration to enhance the effectiveness of zakat management in alignment with SDGs indicators. Therefore, productive zakat has the potential to serve as a transformative Islamic social finance instrument in realizing inclusive and sustainable economic development in Indonesia.

Penggunaan Hak Ex-Officio Hakim Untuk Melindungi Suami Beriktikad Baik Pada Sengketa Perceraian

Nur Fauzi Radliatul Fatah, Fadhila Tianti Mudi Awalia — Mon, 29 Dec 2025 00:00:00 +0800

This study aims to analyze the possibility and urgency of utilizing the ex officio authority of judges in divorce cases to provide
legal protection for husbands who are proven to act in good faith. Until now, the application of ex officio authority has been
more directed toward protecting wives and children as parties considered vulnerable, which potentially leads to imbalance and
gender bias. The research method employed is normative legal research with statutory, conceptual, and juridical-normative
approaches, through a review of the Marriage Law, the Compilation of Islamic Law, civil procedural law, and Islamic legal
literature. The findings indicate that there is a legal basis and normative legitimacy for judges to provide protection to husbands
acting in good faith, including through the imposition of iwad or material compensation from the wife to the husband in divorces
initiated by the wife. The criteria for a husband acting in good faith include fulfilling his obligations regarding alimony, treating
his wife properly, and not violating laws or religious norms. In conclusion, the proportional and non-gender-biased use of ex
officio authority can serve as an important instrument to achieve substantive justice. Thus, judges have a strategic role in
ensuring that divorces do not disadvantage parties who have acted in accordance with the law and Islamic principles. This
approach also strengthens public confidence in an objective and fair judiciary

Dampak Peran World Bank Dan Imf Terhadap Pertumbuhan Ekonomi Global

Fajar Agustan — Mon, 29 Dec 2025 00:00:00 +0800

This article examines the impact of conditionality imposed by the International Monetary Fund (IMF) and the World Bank on the policy sovereignty of borrowing countries, and evaluates whether the long-term benefits (macro-stabilization and recovery) outweigh the debt burden and social pressures generated. Combining a juridical-normative approach with descriptive-analytic review of lending data for 2020–2023 and case studies from Indonesia, Ghana, and Kenya, the study finds that conditionality operates as a form of contractual “soft law” that effectively narrows domestic policy space. While multilateral lending supports short-term liquidity stabilization and recovery, its side effects include higher debt ratios, constrained social spending, and the risk of political tensions when social mitigation is insufficient. Key recommendations include codifying loan-acceptance procedures into domestic law, mandatory transparency and legislative approval, human-rights impact assessments, social-protection clauses, and strengthening recipient countries’ negotiation capacity.

Legal Problems In The Protection of Human Rights Defenders In National Human Rights Commission Regulation Number 5 of 2015

Moh soleh — Mon, 29 Dec 2025 00:00:00 +0800

Human rights are fundamental rights inherent to every individual and are guaranteed in Indonesia through Articles 28A–28J of the 1945 Constitution and Law No. 39/1999. Despite this framework, human rights defenders (HRDs) continue to face increasing threats, including criminalization, intimidation, and violence, as demonstrated in national and global reports. In response, the National Commission on Human Rights (Komnas HAM) issued Regulation No. 5 of 2015 concerning the Protection of Human Rights Defenders; however, its effectiveness remains limited due to weak legal authority, non-binding mechanisms, unclear definitions, and inadequate coordination with law enforcement and other state institutions. This study employs normative legal research, employing both legislative and conceptual approaches, to evaluate the authority of Komnas HAM and the legal status of the regulation. The research findings reveal that existing laws do not explicitly mandate Komnas HAM to protect HRDs, resulting in significant regulatory gaps. The study concludes that stronger and more binding national policies are needed to ensure effective and sustainable protection for human rights defenders in Indonesia.

Mewujudkan Keadilan Restoratif Melalui Pendekatan Dual-Track System Dalam Tindak Pidana Korporasi Di Indonesia

Mon, 29 Dec 2025 00:00:00 +0800

Contemporary criminal law paradigm transformation directs towards restorative approaches prioritizing rehabilitation and social accountability over retribution. In corporate criminal offenses, restorative justice implementation becomes urgent considering legal entities bear socio-economic responsibilities to the public. This research examines restorative justice implementation through dual-track system in handling corporate crimes in Indonesia. Dual-track system integrates penal and non-penal tracks simultaneously to achieve equilibrium between sanctions and restoration. Normative juridical research method with conceptual and statute approaches analyzes regulations including Limited Liability Company Law, Anti-Corruption Law, and corporate law enforcement policies. Research findings demonstrate corporate law enforcement insufficiently relies solely on criminal sanctions, but must integrate victim restoration, governance reform, and good corporate governance implementation. Dual-track system enables proportional law enforcement where criminal sanctions function as deterrents while non-penal mechanisms facilitate systemic improvements and recidivism prevention. This study concludes restorative justice through dual-track system represents corporate criminal law modernization adaptive to corporation-state-society relational complexities, directing future law enforcement orientation toward legal certainty, substantive justice, and social utility synergy for sustainable legal systems.

Fast Track Legislation And The Erosion of Meaningful Participation: A Legal Political Critique of The State Ministries Law And Its Implications For Constitutional Democracy

Mon, 29 Dec 2025 00:00:00 +0800

This study examines the legal politics in the formation of Law Number 61 of 2024 concerning State Ministries, focusing on the fast-track legislation process and the principle of openness. The main issue is the imbalance between the normative objectives of the law and the political reality that influences the formation of laws, particularly the lack of public participation and transparency. The problem formulation explores the legal politics of the formation of the State Ministry Law and its juridical implications for democratic values in Indonesia. The method used is normative juridical with a regulatory and conceptual approach, through a descriptive and prescriptive analysis of literature on regulations, court decisions, and scientific works. The findings show that the purpose of enacting the law in question is to improve the effectiveness of governance through orderly and clear ministerial arrangements. However, the rapid legislative process during the transition of government has sacrificed democratic principles, reflecting political compromises that prioritize executive prerogatives and the political interests of the elite over public accountability, and this has become the face of political law. The implication is a shift in the democratic political configuration towards authoritarianism, which is not in line with the spirit of the constitution and, without meaningful participation, can degrade the value of democracy in Indonesia.

Perlindungan Hukum Terhadap Penguasaan Narkotika Tanpa Sadar Dalam Perspektif Hukum Pidana Indonesia

aryadi almaududy, suheflihusnaini ashady, ahwan ahwan — Mon, 29 Dec 2025 00:00:00 +0800

The phenomenon of unconscious possession of narcotics represents a critical issue in Indonesia’s criminal justice system, where individuals may be convicted solely based on physical possession of evidence without proof of intent (mens rea). Article 112 of Law No. 35 of 2009 on Narcotics, which omits the element of intent, creates an imbalance between legal certainty and substantive justice. This study aims to analyze the legal protection mechanisms for individuals who unknowingly possess narcotics and to examine the state’s responsibility in preventing the criminalization of innocent citizens. This research applies a normative legal approach combining conceptual, statutory, and comparative analyses. Primary legal materials include Law No. 35 of 2009, the Attorney General’s Regulation No. PER-029/A/JA/12/2015, and the Attorney General’s Guideline No. 11 of 2021. Data were analyzed qualitatively through the lens of criminal liability theory, the principle of culpability, and the presumption of innocence. The findings indicate that legal protection for unconscious possession cases remains ineffective due to weak implementation of integrated assessments and the absence of judicial interpretation concerning intent. Therefore, a normative reconstruction is required by adding the element of “knowingly” in Article 112 and enforcing mandatory integrated assessments as a formal prerequisite for valid investigations.

The Role of Bank NTB Syariah in Supporting the Halal Industry in West Nusa Tenggara

Lathifah Sholatiah, M. Farkhan Fauzi — Mon, 29 Dec 2025 00:00:00 +0800

This research aims to analyze the role of Bank NTB Syariah in supporting the development of the halal industry in West Nusa Tenggara (NTB). As a province with great potential in the halal tourism and MSME sectors, NTB needs systemic support from Islamic financial institutions to optimize its economic growth. This is relevant to government policies, such as the Halal Product Assurance Law No. 33 of 2014 and the Halal Industry Master Plan 2023–2029. Where Sharia Financial Institutions are expected to be strategic partners in realizing these regulations. The method used in this study is a qualitative method with primary data sources from observations and interviews, and is supported by various researches, scientific journal articles, policy reports, and official documents related to the Role of Bank NTB in Supporting the Halal Industry in NTB. The results of this study show that Bank NTB Syariah has contributed significantly to supporting the halal industry in NTB, especially through MSME financing and collaboration with stakeholders. However, further efforts are needed to improve halal certification education, expand service networks, and strengthen supporting infrastructure. Recommendations that can be submitted from the results of this research include the implementation of training and workshops to increase business actors' understanding of halal certification and the development of more innovative banking products.

Analisis Kaidah Al-‘Adah Muhakkamah Terhadap Adat Larangan Perkawinan Lusan

Mon, 29 Dec 2025 00:00:00 +0800

Lusan marriage is one of the forbidden traditions in Javanese traditional marriage which is still believed by some people. Lusan marriage is a prohibition on the marriage of a third child with the first child. As happened in Crabak Village, Slahung District, Ponorogo Regency, a husband and wife were struck by a disaster in the form of death and the community associated the death because of the lusan marriage. In implementing the tradition, Islam also provides its own rules, so that the prevailing tradition does not deviate from Islamic law, in the science of ushul fiqh, tradition or customs are called Al-'Urf. In general, 'Urf is a custom that is passed down from generation to generation, which is used as one of the considerations of Islamic law. With the phenomenon that occurs in society, it is necessary to have an in-depth analysis related to the tradition of prohibiting lusan marriage, whether this transition can be categorized as 'urf or not. This study uses field research and uses a qualitative approach. The data sources needed are primary and secondary data sources, data collection methods using observation and interview techniques. Then the data is processed using the analysis of the rules of al-'adah muhakkamah or the rules of al-'urf. The results of this study state that the tradition of prohibiting marriage after marriage cannot be used as a legal basis like 'urf, because marriage after marriage is included in 'urf fasid, which is a tradition or custom that is not in accordance with or contradicts the dalil syara'. Thus, it is necessary to educate the community, especially education about marriage so that they do not easily believe in things that are considered true but in essence violate Islamic law.

Analisis Tingkat Kesehatan Bank Aladin Syariah Periode 2020 – 2024

Alif Muthahari, Umiyati Umiyati — Fri, 02 Jan 2026 00:00:00 +0800

This study aims to analyze the multidimensional performance of PT Bank Aladin Syariah Tbk during its crucial digital transformation phase (2020–2024). Using a descriptive quantitative approach, this research integrates three measurement methods: bank soundness using the RGEC method (Risk Profile, GCG, Earnings, Capital), technical efficiency using Data Envelopment Analysis (DEA), and stability and bankruptcy risk using Bank Z-Score and Modified Altman Z- Score. The results show a unique phenomenon in the bank's fundamentals: although profitability ratios (ROA) experienced negative pressure due to digital infrastructure investment costs, the bank demonstrated superior solvency resilience with a very high Capital Adequacy Ratio (CAR) and a maintained low risk profile (NPF). DEA analysis reveals the success of operational transformation, where the bank managed to leap from structural inefficiency in 2021 (score 0.23) to perfect technical efficiency (score 1.00) consistently in the 2022–2024 period through partnership ecosystem optimization. Furthermore, stability indicators confirm that the bank is in the "Safe Zone" with minimal insolvency risk. This study concludes that accounting losses in the early phase of digital banks do not reflect operational failure, but rather strategic investments that have been compensated by technical efficiency and a robust capital structure.

Kebijakan Pemerintah Pusat Dan Daerah Dalam Pengelolaan Hutan Di Provinsi Lampung

Mutakin Mutakin, HS Tisnanta, Agus Triono , FX Sumarja, Ade Arif Firmasyah — Fri, 02 Jan 2026 00:00:00 +0800

Forest management in Lampung Province involves various strategic policies designed to maintain a balance between environmental conservation and the utilization of forest resources. One of the main policies is the social forestry program, which provides communities with legal access to manage state forest areas sustainably while simultaneously improving local economic welfare. The research problem approach uses a case study method with a normative juridical analysis, focusing on the review of legal principles, norms, and relevant legislation. This approach is employed to explore the meaning, objectives, and legal implications relevant to the issues under study. The results indicate that both central and regional government policies in forest management in Lampung Province still exhibit strong dualism and ambivalence. On one hand, there is a normative commitment to sustainability reflected in Regional Regulation No. 6 of 2022, environmental conservation policies, and the strengthening of the Social Forestry scheme as an effort to promote community access and management. On the other hand, development orientations driven by economic accumulation logic, as seen in the Job Creation Law, investment policies, and the expansion of space for extractive activities, often weaken conservation principles and shift priorities away from ecological protection. Regional governments tend to act as passive adopters of central norms and agendas without adapting them to local socio-ecological realities, resulting in many policies failing to fully address the complexity of on-the-ground issues. Meanwhile, community-based policies such as Social Forestry are often politically instrumentalized in practice, functioning more to mitigate tenure conflicts than to genuinely strengthen the capacity and independence of managing communities.