TarunaLaw: Journal of Law and Syariah

Tukar Guling (Ruislag) Tanah Wakaf dalam Perspektif Hukum Positif dan Hukum Islam di Indonesia

2026-01-09T08:04:34+00:00

This study aims to analyze the mechanism of waqf land exchange (ruislag) from the perspectives of Indonesian positive law and Islamic law, as well as to examine the synchronization between the two legal systems in contemporary waqf management practices. This issue has become increasingly relevant in line with the acceleration of infrastructure development, which frequently intersects with waqf assets, particularly waqf land located in strategic areas. This research employs a qualitative approach using a library research method. Data were collected through a systematic review of statutory regulations, classical and contemporary fiqh literature, peer-reviewed journal articles, and relevant official documents. The data were analyzed using a descriptive-analytical approach with an emphasis on comparing positive legal norms and the views of Islamic legal schools concerning the concept of waqf substitution (istibdal). The findings indicate that Indonesian positive law regulates waqf land exchange in a strict and exceptional manner, emphasizing public interest, equivalence or superiority in the value and benefits of replacement assets, and state supervision mechanisms. From the perspective of Islamic law, although differences exist among Islamic legal schools, istibdal is generally permissible insofar as it aims to preserve public interest and ensure the sustainability of waqf benefits. These findings demonstrate a substantive convergence between Islamic law and positive law in the practice of waqf land exchange. This study contributes to strengthening equitable and sustainable waqf governance and recommends enhancing transparency and supervision in the implementation of waqf land exchange in Indonesia.

A Crowdfunding sebagai Instrumen Investasi Baru: Analisis Yuridis terhadap Perlindungan Investor di Indonesia

2026-01-07T03:55:28+00:00

This study aims to analyze the legal protection of investors in crowdfunding as a new investment instrument in Indonesia. The rapid growth of financial technology has introduced crowdfunding platforms as alternative financing and investment schemes beyond conventional capital markets. However, this development raises legal risks for investors, including information asymmetry, potential fraud, and default by issuers. This research uses a normative juridical method with statutory and conceptual approaches, supported by comparative studies with international practices. The results indicate that the Indonesian regulatory framework, mainly the Financial Services Authority Regulation (POJK) No. 57/POJK.04/2020, has provided preventive protection through licensing requirements, disclosure obligations, and monitoring mechanisms. Nonetheless, repressive protection mechanisms remain limited, particularly regarding dispute resolution and liability of platform providers. This study concludes that while crowdfunding is a promising instrument for democratizing investment, legal certainty and investor protection need to be strengthened by expanding OJK’s supervisory role and harmonizing crowdfunding regulations with capital market and company law.

Hak Aborsi Wanita Tanpa Persetujuan Suami Dalam Perspektif Hukum Keluarga Islam

2026-01-07T04:00:52+00:00

This study discusses women's right to abortion without the husband's consent from the perspective of Islamic family law. The main focus of this study is to explore how Islam views women's reproductive rights in the context of abortion decision-making, especially when the decision is made without involving the husband. This study uses a normative approach by referring to primary sources such as the Qur'an, Hadith, and jurisprudence books, as well as secondary sources in the form of scholars' fatwas and contemporary literature. The analysis results indicate that Islam allows women to make decisions regarding their health, including abortion in cases of medical emergencies or pregnancy due to rape. However, the principle of joint responsibility in marriage also requires the involvement of the husband in such decision-making. Conflicts between women's reproductive rights and the rights of husbands often arise due to differences in views on the priorities of justice and maslahah (well-being). Abortion without the husband's consent can have a negative impact on household harmony, such as communication breakdowns, distrust, and moral conflicts. Therefore, the proposed solution is the application of the principle of consultation (musyawarah) as an effort to reach a fair and beneficial agreement for all parties.

Implementasi Pasal 77 Undang-Undang Lalu Lintas dan Angkutan Jalan Perspektif Sosiologi Hukum

2026-01-07T03:57:25+00:00

A driver's license (SIM) is an official license from the government in accordance with Article 77 paragraph (1) of Law No. 22 of 2009 on Road Traffic and Transportation, which is granted to the public to be able to drive vehicles on the road according to their type. However, there are requirements regarding when someone can obtain this license, namely the minimum age of 17 (seventeen) years. Nevertheless, Article 77 paragraph (1) is not fully implemented by the public in terms of license ownership as a legality to ride a motorcycle, in this case, by students at SMAN 1 Ngaglik. This issue is the background of this research, namely how the normative (and sollen) provisions regarding this regulation are not automatically applied by the public, or in other words, do not correspond to reality (das sein). This research uses a field research method with an empirical and sociological approach. The data were obtained through interviews, observations, and documentation to identify and describe the factors, causes, and reasons why the 'das sollen' did not meet expectations, thereby resulting in the 'das sein.' The research results show that every student at SMAN Ngaglik has limited resources in the pick-up mechanism, lives far from school, and there is no conventional public transportation. Therefore, there is only one option available, which is to ride their own motorcycle to school, even though according to the rules they are clearly violating them, but due to the environment and social conditions, they act this way.

Tinjauan Yuridis Cash Waqf Linked Ṣukūk (CWLS)

2026-01-12T06:08:03+00:00

This research discusses cash waqf and Cash Waqf Linked Sukuk (CWLS) in Indonesia. Cash waqf is a waqf instrument that uses money as a commodity, managed by the Islamic Financial Institution Receiving Cash Waqf (LKS-PWU) and the Indonesian Waqf Board (BWI). CWLS is a cash waqf instrument used to purchase government-issued Sukuk, making it a productive waqf alternative.This study aims to explain the legal status of cash waqf in Islamic law and the problems found. The results show that the legal status of cash waqf has differing opinions among scholars. Some scholars allow cash waqf with certain conditions, such as being used as business capital.The research method used is normative with a legislative approach. This research can provide literacy on the legal status of cash waqf and the mechanism of CWLS as a productive effort. CWLS can be a productive and beneficial waqf alternative for the community, increasing the potential of cash waqf in Indonesia. Thus, this research is expected to contribute to the development of cash waqf in Indonesia.

Implementasi Asas-Asas Negara Hukum Dalam Kebijakan Perlindungan Anak: Studi Kasus Penanganan Kekerasan Seksual Di Polrestabes

2026-01-07T04:10:07+00:00

This study aims to analyze the implementation of the principles of the rule of law in child protection policies, with

a focus on the handling of sexual violence cases at the Surabaya City Police Headquarters. The principles of the rule of law examined include legal certainty, equality before the law, legality, and the protection of human rights. This study employs a qualitative method with a juridical-empirical approach, analyzing legal norms alongside observations and interviews with law enforcement officers, victim advocates, and relevant social institutions. The results of the study indicate that normatively, the Surabaya City Police Headquarters has attempted to implement the principles of the rule of law through investigative and inquiry procedures in accordance with Polri operational standards and coordination with related institutions. However, in practice, various obstacles are still encountered, including limited human resources and facilities, slow forensic evidence processes, and the influence of social and cultural factors that hinder reporting and law enforcement. The principle of legal certainty has been implemented through precise administrative mechanisms and reporting systems. the need to increase the capacity of police officers through victim-based training, the provision of child-friendly facilities, strengthening coordination between law enforcement and social institutions, and harmonization of laws and regulations between the Child Protection Law and the Law on Sexual Violence Crimes. These efforts are expected to strengthen the implementation of the principles of the rule of law and realize more just, humane, and effective legal protection for child victims of sexual violence in Indonesia.

A Jurisprudential Analysis of in vitro fertilisation within the Framework of Islamic Law

2026-01-09T09:02:37+00:00

The vitro fertilisation is an interesting subject to study. There is a chance that the child from in vitro fertilisation will not be recognized by the parents if it is different from expectations. Therefore, in terms of recognition, both in terms of positive law and Islamic law, it is an interesting problem to study.

The aims of this study are: (1) to find out Islamic law views in vitro fertilisation; (2) to find out the form of sanctions insemination of in vitro fertilisation according to Islamic law. The design used in this study was normative legal research with a (statute approach) from the perspective of Islamic law. In this study, documentation data collection techniques were used. Analysis technique normative legal research, usedwas descriptive-analysis with evaluation, interpretive, construction, and content analysis.

Islamic criminal law views on donor sperm insemination is halal in Islamic perspective. The law is the same as adultery and children born from this kind of insemination have the same status as children born outside of a legal marriage. Perspective of Islamic criminal law on perpetrators. Artificial insemination with in vitro fertilisation is restricted as is the law of fornication in adultery, however, artificial insemination with in vitro fertilisation is ta'zir on the grounds that the elements in the had of adultery are not fulfilled because there is no direct sexual intercourse.

Tanggung Jawab Negara dalam Menjamin Keberlanjutan Investasi Berbasis Prinsip Environmental Social and Governance

2026-01-14T09:27:21+00:00

This study examines the role of the state in ensuring sustainable investment through the integration of Environmental, Social, and Governance (ESG) principles within the Indonesian legal framework. The research aims to analyze how national regulations accommodate the balance between investment protection and the responsibility of the state to safeguard environmental and social interests. Using a normative juridical method with a statutory and conceptual approach, this article explores primary sources of law such as the Investment Law, the Omnibus Law on Job Creation, and international investment agreements, supported by secondary sources including scholarly articles and institutional reports. The findings show that while Indonesia has introduced several regulatory instruments related to sustainability, the implementation of ESG principlesremains fragmented and lacks strong enforcement mechanisms. Comparative analysis with other jurisdictions highlights the urgency for Indonesia to harmonize its legal system with global ESG standards to enhance investment attractiveness while maintaining social justice and environmental protection. The study concludes that strengthening ESG-based regulations and monitoring mechanisms is crucial for the state’s responsibility in guaranteeing sustainable investment.