MLIJo: Maliki Law and Islamic Journal

Maqasid Syariah dan Kesetaraan Hak Perempuan

Safrida Ramadhania — Sun, 30 Mar 2025 00:00:00 +0000

Gender equality in Islamic communities continues to encounter substantial obstacles stemming from the prevalence of traditional fiqh interpretations that are often patriarchal in nature. In contrast, the maqasid syariah, which represents the overarching goals of Islamic law, underscores the importance of justice, public welfare, and human rights protection, encompassing the rights of women as well. This research seeks to investigate the relevance of maqasid syariah in the reconstruction of fiqh to tackle gender disparities. Utilizing a qualitative method with a library research approach, the study analyzes both classical and contemporary literature. The results reveal that maqasid syariah, which includes the protection of faith, life, reason, progeny, and wealth, offers robust justification for upholding women's rights across multiple facets of life, including spirituality, education, family, and economic spheres. The thoughts of modern scholars like Jasser Auda, Amina Wadud, Hashim Kamali, Abdullahi An-Na'im, Musdah Mulia, and Fatima Mernissi highlight the importance of contextual exegesis, critical hermeneutics, and gender awareness in Islamic jurisprudence. Consequently, maqasid syariah can serve as both a philosophical foundation and a practical tool for developing Islamic law that is more inclusive, responsive, and equitable for women. This research underscores the necessity of reconstructing fiqh based on maqasid syariah, enabling Islam to truly embody its principle as a rahmatan lil 'alamin that ensures equal rights for everyone.

Penyelesaian Sengketa Wanprestasi Kredit Macet Di BUMDesMa Kanor Mandiri Berkah Kabupaten Bojonegoro

Emir Muhammad Adiel Mahendra, Kurniasih Bahagiati — Sun, 30 Mar 2025 00:00:00 +0000

One of the initiatives by BUMDesMa Kanor Mandiri Berkah in Kanor District, Bojonegoro Regency, is the Dana Bergulir Masyarakat (DBM) savings and loan program, which encounters challenges related to loan defaults and breach of contract by borrowers. BUMDesMa adopts a non-litigation approach, specifically mediation, to resolve disputes. This study seeks to elucidate the dispute resolution process in cases of loan defaults at BUMDesMa Kanor Mandiri Berkah and to examine the challenges encountered during this process. Employing an empirical juridical research method with a sociological approach, the study gathered data through interviews with key personnel at BUMDesMa. Data analysis involved verification, classification, and conclusion. The results reveal that the mediation process at BUMDesMa Kanor Mandiri Berkah has limitations in effectively resolving disputes, with several obstacles impeding the resolution process.

Implementasi Kebijakan Ekonomi Digital di Indonesia: Tinjauan Hukum atas Perlindungan Konsumen dan Tantangan Inovasi Teknologi

Rohmatur Robiatus Saniyah, Akhmad Farroh Hasan — Sun, 30 Mar 2025 00:00:00 +0000

Digital transformation has become a major force in shaping the direction of Indonesia's economic growth, but the implementation of digital economy policies still faces various legal and technological challenges. This research aims to examine the implementation of digital economy policies in Indonesia with a focus on consumer protection and technological innovation challenges. The method used is a qualitative approach with descriptive analysis through literature studies that refer to various secondary sources such as scientific journals, laws, articles, and official policy documents. The results of the study show that the Indonesian government has formulated a comprehensive digital economy policy through strengthening digital infrastructure, increasing digital literacy, and drafting regulations. However, legal regulations such as Law No. 8/1999 and ITE Law are considered not fully responsive to the complexity of modern digital transactions, such as personal data protection and online dispute resolution. In addition, infrastructure gaps, low access to technology in remote areas, and limited digital skills of the community are the main obstacles.

Peran Notaris dan PPAT dalam Proses Peralihan Hak atas Tanah

Rifky Astriansyah, Habieb Ahmad Al Musyaddady — Sun, 30 Mar 2025 00:00:00 +0000

The transfer of land rights is a cornerstone of Indonesian land law, designed to guarantee legal certainty and protect the rights of the community. This process, whether facilitated through sales, grants, or inheritance, relies heavily on the expertise of notaries and Land Deed Officials (PPAT), who are tasked with ensuring the legitimacy of these transactions. Notaries are responsible for drafting authentic deeds and offering legal counsel, while PPATs specialize in creating land rights transfer deeds and overseeing administrative compliance, including the payment of the Land and Building Acquisition Duty (BPHTB). This study employs a qualitative approach with descriptive analysis, drawing on a comprehensive review of existing literature and regulations. By analyzing these sources, the research highlights the pivotal role notaries and PPATs play in fostering a land system that is transparent, accountable, and less prone to disputes. The findings underscore that the responsibilities of notaries and PPATs extend beyond deed creation to include land status verification, abuse prevention, and adapting to digital administration systems. Professionalism, integrity, and technological adaptability are essential in ensuring that land rights transfers are legally sound, efficient, and offer certainty to all stakeholders.

Evaluasi Kepatuhan Standar Hukum dalam Layanan Pengangkutan Barang di Indah Logistik Cargo Kota Malang

Friska Aprilia Pramesti, Anis Shilvi Rahmawati — Tue, 07 Oct 2025 09:37:13 +0000

The logistics industry in Indonesia has experienced rapid growth in response to the increasing demand for fast and efficient delivery services. However, this development also brings challenges in regulatory compliance, particularly concerning consumer protection and transportation safety. This study aims to evaluate the implementation of legal standards in freight transportation services at Indah Logistic Cargo in Malang City, focusing on compliance with Law No. 8 of 1999 on Consumer Protection and Law No. 22 of 2009 on Road Traffic and Transportation. The research employs an empirical juridical method, with data collected through observations and interviews with company management and consumers. The findings reveal that the company has implemented some legal provisions, such as compensation claim mechanisms and vehicle inspections, but several issues persist, including discrepancies in item weight, damage to fragile goods, and delivery delays. Such inconsistencies may violate consumer rights as stipulated in Article 8 of the Consumer Protection Law. Moreover, the company’s administrative compliance remains incomplete, particularly regarding the Company Registration Certificate (TDP). Therefore, improvements are needed in employee training on legal regulations, the adoption of technology-based logistics management systems, warehouse infrastructure upgrades, and the development of a more responsive complaint-handling mechanism. Strengthening legal, operational, and service aspects will help Indah Logistic Cargo enhance regulatory compliance, customer satisfaction, and competitiveness in Indonesia’s logistics industry.

Dampak Covid-19 Terhadap Pencemaran Air Tinjauan Kebijakan Perspektif Fiqih Bi’ah

Anugrah Ari Ramadhan — Sun, 30 Mar 2025 00:00:00 +0000

Since its emergence in early 2020, the Covid-19 pandemic has brought significant global impacts not only on public health and the economy but also on environmental sustainability. One major issue is water pollution, which worsened due to the increase in medical and domestic waste generated during the pandemic. Hospitals and healthcare facilities produced tons of infectious medical waste daily, yet only a small portion possessed proper treatment permits and facilities. Consequently, much of this waste posed serious risks to water quality and aquatic ecosystems. On the other hand, restrictions on industrial and transportation activities temporarily reduced industrial waste discharge, improving water quality in certain regions. This study employs a normative legal research method using a statutory approach, analyzing primary and secondary legal materials, including Law No. 32 of 2009 and Government Regulation No. 82 of 2001, which govern environmental protection and water pollution control. The findings reveal that effective government oversight and law enforcement are essential to prevent environmental degradation. Furthermore, the study integrates the perspective of Fiqih Bi’ah (Islamic environmental jurisprudence) as a moral and spiritual solution. Grounded in the principles of kulliyat al-khamsah the preservation of religion, life, intellect, lineage, and property Fiqih Bi’ah emphasizes human responsibility as khalifah (steward) of the earth to maintain environmental balance. Integrating Islamic ecological ethics into environmental law and education can strengthen both legal and moral frameworks for sustainable water management in the post-pandemic era.

Tantangan Hukum Dalam Pertanahan: Studi Kasus Permasalahan Akta Tanah Di Kantor Notaris Malang

Ari Tasyabani Muis, Defan Auli Rahmatillah — Sun, 30 Mar 2025 00:00:00 +0000

The rapid growth of information technology in Indonesia has given rise to a new legal framework known as cyber law, particularly governing electronic transactions (e-commerce). As internet usage expands, so does online commerce, but this growth also brings forth legal challenges, notably in consumer protection. This research employs a normative legal approach, combining statutory and conceptual analysis, supported by secondary data and empirical evidence. The findings indicate that resolving disputes in electronic transactions falls under civil law, as stipulated in the ITE Law and Consumer Protection Law. Disputes can be resolved through litigation (court proceedings) or non-litigation methods (such as arbitration, mediation, conciliation, and consumer dispute resolution bodies). However, litigation is often costly, time-consuming, and procedurally complex, prompting many to opt for non-litigation approaches that focus on negotiation and mutually beneficial solutions. Online Dispute Resolution (ODR) has emerged as a promising alternative, offering speed, cost-effectiveness, and cross-border capabilities. Despite its potential, ODR in Indonesia faces challenges due to insufficient technical regulations and infrastructure. To ensure effective, efficient, and equitable consumer protection in e-commerce, Indonesia needs stronger regulations, increased awareness, and better institutional support.