Taruna Law : Journal of Law and Syariah https://journal.staitaruna.ac.id/index.php/jls <p style="text-align: justify;"><strong>TARUNALAW: Journal of Law and Syariah</strong> is a peer-reviewed open-access international journal published biannually by Sekolah Tinggi Agama Islam Taruna Surabaya, Indonesia. The journal covers discussions on positive laws and Islamic laws (Syariah) in Indonesia and other countries. The articles are in Bahasa Indonesia and English because it aims to reach global authors, researchers, and readers. Since this is an open access journal, the available contents are free of charge. Internet users are allowed to read, download, copy, distribute, print, search, link to the full texts of the articles, or use them for any other lawful purpose without asking prior permission from the publisher or the author.</p> en-US <p style="text-align: justify;">Authors who publish with this journal agree to the following terms:</p> <ol> <li class="show" style="text-align: justify;">Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="https://creativecommons.org/licenses/by-sa/4.0/">Creative Commons Attribution-ShareAlike</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li> <li class="show" style="text-align: justify;">Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li> <li class="show" style="text-align: justify;">Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See <a href="http://opcit.eprints.org/oacitation-biblio.html">The Effect of Open Access</a>).</li> </ol> journal@staitaruna.ac.id (Imam Sujono) imassetiyawan@staitaruna.ac.id (Imas Setiyawan) Fri, 27 Jan 2023 00:00:00 +0000 OJS 3.3.0.13 http://blogs.law.harvard.edu/tech/rss 60 Urgency and Mechanism of Structuring Regional Regulations with the Omnibus Law Method https://journal.staitaruna.ac.id/index.php/jls/article/view/62 <p style="text-align: justify;">Structuring regional regulations become necessary as more and more the disclosure of various regulatory problems in the region, both regarding with the amount and material of the load. In an effort to encourage structuring regulations in the regions, this article proposes the use of the omnibus method law in the formation of regional regulations through discussion of urgency and mechanisms the use of omnibus law in the formation of regional regulations. The omnibus law itself is a method or technique in the formation of legislation by establishing a rule to change, revoke, or pass several regulations at once. Method This is worthy of consideration for use in structuring local use regulations overcoming the large number of regional regulations and some of them are problematic in substance. At the local regulatory level, this method is also urgent in order to respond to the Employment Creation Act, which was previously established using the omnibus law method, considering this Law and its implementing regulations require improvements to the regional regulations so that synchronous and harmonious. The mechanism that can be taken is an inventory and analysis of several regional regulations with similar or cognate content to be later formed and compiled into one regional regulation. Various regional regulations whose cargo materials have been combined must be declared revoked and not applies again, in order to make it easier to use compared to just make changes or revoke some articles and insert several new articles as carried out in the Job Creation Law.</p> Prasetijo Rijadi, Marthen Indey, Imam Sujono Copyright (c) 2023 Prasetijo Rijadi, Marthen Indey, Imam Sujono https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/62 Fri, 27 Jan 2023 00:00:00 +0000 Organisasi Peradilan Tata Usaha Negara Dalam Peradilan di Indonesia https://journal.staitaruna.ac.id/index.php/jls/article/view/63 <p style="text-align: justify;"><em>The judiciary is the executor of judicial power in charge of administering the judiciary in order to enforce law and justice based on Pancasila, with other tasks assigned to it based on the applicable law. In the framework of the rule of law, the existence of a state administrative court is essentially a logical consequence of the principle of government based on law (wetmatigheid van het bestuur). For the Indonesian people, the existence of this state administrative court is a court that is considered young, and contains provisions and procedural concepts that are universal. In state administrative law courts, of course, the principles of state administrative court procedures are needed which include the principle of activity, the principle of not knowing conversion, the principle of not knowing peace, the principle of presumtea iustaecausa, the principle of protection of the public interest.</em></p> Zuman Malaka, Abdullah Isa Copyright (c) 2023 Zuman Malaka, Abdullah Isa https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/63 Fri, 27 Jan 2023 00:00:00 +0000 Analisis Penggunaan Narkotika dengan Alasan Kesehatan dalam Perspektif Hukum Pidana Islam dan Undang-Undang No 35 Tahun 2009 Tentang Narkotika https://journal.staitaruna.ac.id/index.php/jls/article/view/64 <p style="text-align: justify;"><em>In Islamic teachings, there are five main objectives of Islamic law that appear. One of the five goals is maintenance of the mind. Therefore, in order to maintain the purity of the mind, it is forbidden to consume food or drink that damages the health of the human mind. Like narcotics, methamphetamine, and all kinds of other illegal drugs. However, this law does not apply to people who are sick and can only recover by consuming the drug. In other words, illegal drugs may be consumed when needed in order to achieve one's health. One of the uses of Narcotics for health reasons in Indonesia is legalized as contained in the law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, especially in article 7. Treatment is a step that is always related to society, where people always need treatment. Drugs containing narcotics are drugs that require special supervision from the pharmacy and are supervised by the government so that their use and circulation are not misused. The definition of narcotics is a substance or drug derived from a plant, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, relieve pain, and even cause dependence on the user. However, it is different for medical needs, narcotics can still be used. However, the use of narcotics in Indonesia must refer to the rules set by the Ministry of Health.</em></p> Nasiri Nasiri, Abdullah Isa Copyright (c) 2023 Nasiri Nasiri, Abdullah Isa https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/64 Fri, 27 Jan 2023 00:00:00 +0000 Perlindungan Hukum Kelompok Minoritas (Studi Analisa Peraturan Gubernur Jawa Timur Nomor 188/94/KPTS/013/2011 terhadap Kelompok Jamaah Ahmadiyah Indonesia di Jawa Timur) https://journal.staitaruna.ac.id/index.php/jls/article/view/65 <p style="text-align: justify;"><em>In Indonesia, the Ahmadiyah have been rejected since 1950 and have gained legitimacy since the MUI issued a fatwa in the 1980. Then at the MUI national working meeting in 1984, it wa stated that the qadian Ahmadiyah deviated from islamic teachings and disturbed state order. In addition,, the regional government of east java province has issued a decree of the governor of east java number 188/94/KPTS/013/2011, namely the prohibition of the activities of the indonesian Ahmadiyah community (JAI) in east java. Thid study aims to review the implications of the eas java governor’s decision number 188/94/KPTS/013/2011 cocerning the prohibition of the activities of the Ahmadiyah community in east java, and to find out the development of the Ahmadiyah community in east java province after receiving the east java governor’s decision 188/94/KPTS/013/2011 cocerning the prohibition of the activities of the Ahmadiyah community in east java. This study uses a qualitative approach. Reseacrhers used observation, interview, and documentation techniques to obtain data. Then use deductive reasoning in explaining conclusions. The result of this study stated that the implications of the decree of the governor of east java number 188/94/KPTS/013/2011 regarding the prohibition of the activities of the east java Ahmadiyah community against the Ahmadiyah community in east java, causing several impacts, namely impacts, social impacts, and legal impacts. Then the development of the Ahmadiyah community in east java after receiving the decision of the governor of east java number 188/94/KPTS/013/2011 is to continue to carry out activities as usual, for individual routines the Ahmadiyah community continues to do it like other muslims, but for comprehensive activities, the Ahmadiyah community is sometimes still hampered by permission from the security forces.</em></p> Imas Setiyawan, Abdullah Isa Copyright (c) 2023 Imas Setiyawan, Abdullah Isa https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/65 Fri, 27 Jan 2023 00:00:00 +0000 Legal Politics of Affidavit Prohibited Marriage for Junior High School Student https://journal.staitaruna.ac.id/index.php/jls/article/view/66 <p style="text-align: justify;">The background of the research was the existence of a statement letter prohibiting marriage for junior high school students in the city of Surakarta-Solo, which was later withdrawn by the school. The rules have been in effect for five years, the revocation is motivated by the wishes of the parents. The fact is that many junior high school children are now married. Through normative legal research methods, it examines problems regarding marriage prohibitions and then looks at the flow of legal politics policies that give birth to policies on the age limit for marriage. The discussion focuses on national legal politics regarding the age limit for marriage for men and women by looking at phenomena in the world of education. Judging from the minimum age, then like the government's anxiety regarding the world of education, the issuance of the Constitutional Court's decision was greeted by the issuance of a law to limit the age of marriage to nineteen years. Regulations in the form of laws regarding the limitation of the minimum age for marriage are basically not laws. If anyone seems to disagree with the rules, it is forbidden to marry at the junior high school level, which basically has the same goal, namely to anticipate early marriage.</p> Slamet Suhartono, Fahrizal Dillah, Imam Sujono Copyright (c) 2023 Slamet Suhartono, Fahrizal Dillah, Imam Sujono https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/66 Fri, 27 Jan 2023 00:00:00 +0000 Analisis Childfree Choice Dalam Perspektif Ulama’ Klasik dan Ulama’ Kontemporer https://journal.staitaruna.ac.id/index.php/jls/article/view/73 <p><em>Childfree is a term for people who agree to decide not to have children. The term childfree can be defined as a view of a husband and wife who decide not to have children. The decision to choose childfree in household life cannot be separated from the role of husband and wife. The method used in this study is qualitative, with a comparative approach, namely comparing two points of view, namely according to classical and contemporary Islamic scholars. While the type of research used is Library Research, in the sense that all data sources come from written materials related to the topics discussed. The results of the study show that classical scholars do not forbid married couples who agree not to have children (offspring). Because this is confirmed by 'Azl whose law is permitted by Imam Ghazali, contemporary scholars also allow it if husband and wife agree because of certain benefits. So childfree is not included in the prohibited acts, because every married couple has the right to plan and manage household life including having children.</em></p> Rudi Adi, Alfin Afandi Copyright (c) 2023 Rudi Adi, Alfin Afandi https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/73 Fri, 27 Jan 2023 00:00:00 +0000 Penundaan Masa Menstruasi Dalam Ibadah Puasa Ramadhan Menurut Fatwa MUI No. 2 Tahun 1979 https://journal.staitaruna.ac.id/index.php/jls/article/view/75 <p><em>Fasting during Ramadan is an obligation for every Muslim/Muslimah who is mature, wise, clean from menstruation and after childbirth for women, and who does not have a valid excuse, such as: travelers and sick. Meanwhile, menstruation is a natural process that occurs in every woman. With the current breakthroughs in medical science, drugs have emerged that can delay menstruation experienced by women, making it possible to carry out Ramadan fasting without obstacles. This type of research is library research (library research) with a historical approach. The data collection method is by means of literature study, in which in this section the author will collect MUI fatwas and fiqh books on the topic being researched. Then read and trace the legal istinbath method. The results of the study show that the negative impact of this drug affects the body's work system, so its use in an inappropriate place is not recommended. While the positive impact on health, the authors assume there is no. Because, this drug aims to block the natural cycle that occurs in women. Then the use of drugs that are not on target or used in the long term or made from inappropriate ingredients, will certainly have implications for the body. Meanwhile, Nash has not yet regulated the legal status of delaying menstruation. So ijtihad is needed in this case by looking at the benefits. If you delay your menstrual period using drugs, you will examine the side effects. If it causes harm to the body, it is better to avoid it. However, if it does not cause harm then it is permissible. As stated in the MUI fatwa No. 2 of 1979</em></p> Surya Rahmadana, Azhar, Suaib Lubis Copyright (c) 2023 Surya Rahmadana, Azhar, Suaib Lubis https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/75 Fri, 27 Jan 2023 00:00:00 +0000 Dilematika Nafkah Madiyah Anak Dalam Putusan Pengadilan Agama Tanjungkarang Nomor 0846/Pdt.G/2015/PA.Tnk https://journal.staitaruna.ac.id/index.php/jls/article/view/80 <p><em>Applications for māḍiyah maintenance or debt support, especially for children, are often rejected by the courts. This is based on the existence of jurisprudence based on the decision of the Supreme Court Number</em> <em>608/K/AG/2003. One example is the decision of the Tanjungkarang Religious Court Number</em> <em>0846/Pdt.G/2015/PA.Tnk. This research is normative legal research using a case approach. Sources of research data consist of primary, secondary, and tertiary legal materials. The data obtained were then analyzed using the content analysis method. Decision Number 0846/Pdt.G/2015/PA.Tnk. shows that the legal basis for refusing claims for māḍiyah maintenance for children in divorce is legal considerations as considered by the Supreme Court in its decision rejecting lawsuits for past maintenance for children, namely that the father's obligation to provide for his child is lil-intifāʻ, not lit-tamlīk, then a person's negligence fathers who do not provide for their children cannot be sued. This leads to injustice because māḍiyah maintenance is not granted to children. This will certainly be detrimental to the life and welfare of the child, who in other circumstances can become a shield for a father who neglects to provide for his child. Māḍiyah livelihood is a form of protection for the rights of divorced women and children born during the marriage. This is in line with the verses of the Koran and hadith which talk about the obligation of a father to his wife and children to provide maintenance. In addition, such provisions can also be found in child protection legal instruments in force in Indonesia. The law should pay more attention to the lives of children by issuing judges' decisions that are good for them so that it will close gaps for husbands or fathers who can be negligent in their obligations, and protect divorced women from a double burden.</em></p> Lisnawati Lisnawati Copyright (c) 2023 Lisnawati Lisnawati https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/80 Fri, 27 Jan 2023 00:00:00 +0000 Tindak Pidana Penganiayaan terhadap Hewan Perspektif Fikih Jinayah https://journal.staitaruna.ac.id/index.php/jls/article/view/84 <p><em>Animals are often humans' pets, which are useful for playing, making friends, or acting as guardians. but some people actually use animals, exploit, abuse, and even kill them for certain interests. Currently, the problem of mistreatment of animals is increasingly apprehensive. Through information in various media, cases of mistreatment of animals can be identified. Islam as the majority religion in Indonesia teaches to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems in the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the jarimah ta'zir, in which the level and punishment is determined by the government (ulil amri).</em></p> Zannuba Qamariah, Halimatusyadiah Halimatusyadiah, Dwi Us Natun, Sabarudin Ahmad Copyright (c) 2023 Zannuba Qamariah, Halimatusyadiah Halimatusyadiah, Dwi Us Natun, Sabarudin Ahmad https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/84 Fri, 27 Jan 2023 00:00:00 +0000 Pemahaman Masyarakat Sadar Hukum Membayar Zakat Hasil Usaha https://journal.staitaruna.ac.id/index.php/jls/article/view/85 <p><em>which is a concern for the weak. Zakat is paid by a muzakki given to the mustahik. In this study, it appears that the understanding of people of Lengayang District only understands the zakat fitrah that they pay during the fasting month. For the measure of payment, they only estimate it. In the efforts that must be made so that people's understanding of the obligation of zakat can be achieved through coaching muzakki and mustahiq, of course, there is good cooperation between all parties involved, namely the community itself, the Zakat Collection Unit, village officials, religious scholars, and religious extension workers are no exception. Islam. The implementation of zakat in Lengayang District is marked by the presence of supporting and inhibiting factors as well as efforts to build public awareness of paying zakat. This is inseparable from the role of the Lengayang District Office of Religious Affairs under the auspices of the Ministry of Religion as Amil Zakat Trustees who have carried out program development by establishing a zakat consulting institution in order to increase awareness of zakat for the community.</em></p> <p><em>Keywords:&nbsp; Understanding, Legal Awareness, Zakat Results of Business.</em></p> <p><strong>&nbsp;</strong></p> Hengki Januardi, Yulius Yulius, Hasanatul Wahida Copyright (c) 2023 Hengki Januardi, Yulius Yulius, Hasanatul Wahida https://creativecommons.org/licenses/by-sa/4.0 https://journal.staitaruna.ac.id/index.php/jls/article/view/85 Fri, 27 Jan 2023 00:00:00 +0000