Indonesian Journal of Law and Islamic Law (IJLIL)

Compared to the Justice Procedure Act and the Kuhap Provision Providing Free Legal Advice to Suspects

Muh Sutri Mansyah — 2024-12-05

The aim of the research is to examine the comparison of jinayat procedural law with kuhap in providing free legal advice to suspects, the method used is normative juridical with statutory and conceptual approaches, primary legal material: Aceh Qanun Number 7 of 2013 concerning Jinayat Procedural Law and Laws Number 8 of 1981 concerning Criminal Procedure Law, secondary legal materials: journal articles, books, etc. The analysis technique used is descriptive analysis and the interpretation used is grammatical and systematic interpretation. The results of the research show that in the procedural law of jinayat a person who is given the assistance of a legal advisor is threatened with 60 (sixty) lashes or 1200 (one thousand two hundred) grams of pure gold as a fine or 60 (sixty) months in prison or more or for those who cannot afford it. Meanwhile, the criminal procedure law limits the provision of legal advice to only suspects who face a prison sentence of five years or more and the death penalty or a sentence of fifteen years. In the future, the suggestion in this article is that the concept of free legal advisory assistance provided by the state must be provided to all suspects.

A Netnography and Contemporary Islamic Family Law Studies on the Controversy of Period Sex Trends on Social Media Twitter (X)

Auliya Ghazna Nizami — 2024-12-08

This study discusses the conversations of cyber citizens, specifically the social media Twitter (X), about the phenomenon of menstrual sex trends and how Islamic family law responds to netizens' discussions about the trend. This research is a normative-empirical legal research. The results of this study show at least two main findings. First, the form of netizens' responses to the thread raised by Andrea Gunawan (@catwomanizer) varies. The first group states that even with the help of a device that prevents menstrual bleeding during sexual intercourse, it does not abort haram. Another group's response stated otherwise, if women who have more potential to be disadvantaged have been declared to be close to zero risk, as long as there is consent from both parties, then sexual intercourse can be carried out. Meanwhile, many other groups responded to this trend by asking the thread owner again and showing a neutral attitude of not judging the arguments made by the account owner. Second, Islamic law has clarity of attitudes and rules related to sexual behavior. There are no exceptions regarding the rules of sexual intercourse during menstruation. Normatively, Islamic law states that women who are menstruating should not be approached by their partners. Approaching in this case means sexual intercourse with the meeting of two genitals. Even if it is under the pretext and excuse that medical risks have been dealt with with the presence of certain tools, it still does not invalidate the original law.

Adaptation of Siyasah Fiqh as a Strategy to Prevent Money Politics in Elections

Hilmi Ridho — 2024-12-09

One of the election violations that often occurs during the run-up to general elections in Indonesia is the rampant practice of money politics. In the 2024 elections, 29 provinces are prone to cases of money politics with a moderate category level and 5 provinces with a high level of vulnerability. The purpose of this research is to find out the forms and main factors of money politics, to analyze whether money politics is the same as bribery (risywah) in Islamic law and its framework, and to find out the role and strategy of Bawaslu in preventing the practice of money politics in the run-up to the election. This research method uses normative legal research, which is a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. The conclusion of this research shows that the form of money politics can be in the form of money, goods, and services. The main factors are influenced by the thirst for glory, the low economy of the community, the lack of knowledge about politics, and the strength of tradition. According to fiqh siyasah, the practice of money politics includes the act of risywah (bribery) based on the Qur'an, Hadith, and the opinions of scholars. Four strategies must be carried out by Bawaslu, namely; first, overseeing the election and reporting when violations occur. Second, coordinate with internal and external parties. Third, conduct offline and online socialization about the dangers of money politics. Fourth, reconstructing the regulation of criminal acts of money politics that have a deterrent effect, disqualifying election participants, giving strict sanctions to the success team, and providing guarantees of protection and rewards to the reporter.

Authority of Customary Village Heads in Bali from a Positive Legal Perspective at the Local Level

Dewa Krisna Prasada — 2024-12-09

Customary villages are an integral component of a nation, especially Indonesia. The customary village in the Province of Bali is a village that preserves cultural traditions and retains the traditional village governance system. The heads of customary villages in Bali are granted local authority under Law Number 6 of 2014 and Bali Provincial Regulation Number 4 of 2019, which pertain to customary villages. Nevertheless, a legal problem arises due to the lack of clarity regarding the authority of local-scale legislation mentioned above. This leads to overlapping and discriminatory actions by traditional village leaders in Bali. This study examines the limits of local-scale jurisdiction in the autonomy of customary village heads in Bali from a legal standpoint. This study employs a normative research methodology, utilizing a statute approach and analyzing legal concepts. The sample in this study uses primary legal materials, specifically laws and regulations, from Indonesia. The methodology employed in this work involves using prescriptive legal analysis approaches. This study finds that the jurisdiction of customary village heads in Bali is constrained by the notions of authority and local context. The authority of the head of the customary village encompasses traditional, cultural, religious, and economic activities, all confined to the territory or land controlled by the customary village. Contribution of this research to enhance the comprehension of indigenous village chiefs in Bali on the local jurisdiction of indigenous leaders, so preventing legal discrepancies that may result in overlapping authority and prejudice within the community.

The Essence of Marriage Agreement as Protection in the Indonesian Marriage Law System

Akhmad Kamil Rizani — 2024-12-09

The purpose of this research is to know and understand the essence of a marriage agreement by a married couple in an effort to create a harmonious family. Indonesia, through Law Number 16 of 2019 concerning Amendments to Marriage Law Number 1 of 1974 concerning Marriage Article 29, regulates the time and object of marital agreements made by married couples. The research methodology used in this research is normative research (library research), using a statutory approach. The findings of this study show that a marriage agreement is an important legal instrument in providing protection and justice for married couples. Through this agreement, couples can formulate agreements regarding their respective rights and obligations, especially regarding property management and financial responsibilities, and create a more equal and fair relationship. In addition, the marriage agreement also acts as preventive and repressive legal protection, which can prevent conflicts and provide guidelines for settlement if disputes arise. Thus, a marriage agreement not only protects the rights of the spouses but also serves as a progressive and adaptive legal protection mechanism for changing times, providing an important guarantee of legal certainty for the parties to the marriage.

Uncovering The Traces Of Freijer's Compendium: Historical Analysis And Its Role In Islamic Marriage Law In Indonesia

Aulal Musyafiul Aliya Dewi — 2024-12-09

The purpose of this study is to identify the role of the Freijer Compendium on marriage law in Indonesia. This research method uses normative legal research (doctrinal), a library research aimed at written regulations. In this case, it focuses on the main source, namely the Freijer Compendium manuscript, as well as literature related to marriage law in Indonesia. The results show that the Freijer’s Compendium influenced marriage law in Indonesia which is an integral part of fundamental human rights, because legal recognition and protection of the institution of marriage is essential in upholding the principles of equality and justice in society. Freijer's Compendium then shaped the general understanding of Islamic marriage and inheritance law in Indonesia and became the legal basis for the Ordonnantie op het Huwelijk van Inlanders (Bumiputera Marriage Ordinance) during the Dutch government which developed into the formation of Law No. 1 of 1974.