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.

Pencemaran Nama Baik dalam Perspektif Hukum Islam

2026-01-22T07:38:14+00:00

Defamation is an act that attacks a person's honor and dignity, a practice that has become increasingly prevalent with advances in information technology and social media. From an Islamic legal perspective, defamation is viewed as a reprehensible act, falling under the category of slander and insult, as it not only harms the individual but also threatens social harmony and order. This study aims to examine the definition of defamation, the legal basis for defamation in Islam, forms of defamation in the digital era, sanctions for perpetrators according to Islamic law, and prevention efforts. The method used is a normative study with a conceptual and normative juridical approach through sources of the Qur'an, hadith, and Islamic legal literature. The study shows that Islam strictly prohibits all forms of defamation, whether verbally, in writing, or digitally, and provides for sanctions in the form of qadzaf and ta'zir crimes. Furthermore, Islamic law emphasizes the importance of prevention through moral development, the principle of tabayyun (religious defamation), and social responsibility to uphold human dignity and achieve a just and harmonious society.

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.

Implentasi Simkah Dalam Administrasi Perkawinan Di Kua Gununganyar Surabaya

2026-01-13T06:04:42+00:00

Digitalization is the transformation of data from physical form into digital format through the use of information technology. This development has encouraged the government to improve public services, particularly in the field of marriage administration, through the introduction of an innovation known as the Marriage Management Information System (SIMKAH). This study aims to analyze the implementation of SIMKAH at the Office of Religious Affairs (KUA) in Gunung Anyar District, Surabaya City. This research employs a qualitative approach, with data collection methods consisting of observation and documentation. The implementation of SIMKAH at KUA Gunung Anyar is analyzed using Indrajit’s theory of e-government success, which includes support, capacity, and value. The findings of this study indicate that the presence of SIMKAH has improved the quality of public services at KUA Gunung Anyar. Specifically, it has enhanced the effectiveness of marriage administration management, such as the accuracy and legalization of prospective bride and groom data, as well as the prevention of data falsification. Moreover, SIMKAH ensures data security, facilitates data accessibility, and supports staff performance in enforcing legal regulations related to marriage. This includes improving the effectiveness and efficiency of service time, accelerating service delivery, and increasing public satisfaction. However, the implementation of SIMKAH still requires further improvement due to several challenges, including the lack of public socialization regarding SIMKAH services, insufficient IT staff to address technical issues, and frequent instability of the central server or network.