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All Journal Brawijaya Law Journal : Journal of Legal Studies Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan International Journal of Business, Law, and Education Peradaban Journal of Law and Society Jurnal Hukum dan Pembangunan
Luth, Thohir
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.09

Abstract

This study is legal research aiming to find out the essence of Divine Principles in Indonesian Contract Law from the review of the Natural Law theory, the Sunt-Servanda theory, the Awareness and Legal Obedience Grundnorm theory, and Truth theory. This research reveals that the Divine Principle's essence is the most fundamental principle or guideline derived from God but exists in humans, aiming to find the truth and regulate the parties in making agreements. The application of the Divine Principle aims to find the truth and regulate the parties in the agreement's field.  Indonesian citizens could realize and practice the Precepts of Godhead in their agreement activities. In establishing the agreement, the parties are applying the teachings of their respective religions. This study reveals that the Divine principle needs to be incorporated into one of the upcoming National Agreement Laws principles, especially in the contract born because of the agreement. This study maintains that the divine principle can be applied comprehensively for Indonesian citizens who are parties to the agreement, not only limited to the Indonesian Muslim citizens.
STATUS HAK TANGGUNGAN PADA PEMBIAYAAN KEPEMILIKAN RUMAH DI AKAD MUSYARAKAH MUTANAQISAH (MMQ) Laksono, Febrian Dwi; Luth, Thohir; Hamidah, Siti
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The prevailing legal stipulations on the contract of the Musyarakah Mutanaqisah (MMQ) financing are occurred legal uncertainty, which is caused by obscurity of the encumbrance regulations for land relating to financing with the MMQ contract. One of arising legal issue in the MMQ financing mechanism is a blurring of the norms contained in Law Number 4 of 1996 concerning Encumbrance Right over Land And Land-Related Objects (UUHT). The obscurity is caused by unclear stipulating sharia financing or specifically financing with the MMQ contract in UUHT. One of the provisions that reflecting this lack of clarity is to examine the description of the definition of Encumbrance Right. The UUHT definition only explains that the Encumbrance Right is security right which is imposed on a land title to pay off a debt and making the position preferred for Encumbrance. The results showed that the concept of the debt and credit relationship in article 3 of the UUHT was not only limited to the legal relationship between the lending and borrowing as in the concept of the loan-lending agreement in article 1754 of the Civil Code (Civil Code) but also other agreements that have obligatory nature.
Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil Wibowo, R. Tetuko Aryo; Luth, Thohir
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 2 (2020): Desember 2020
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (294.946 KB) | DOI: 10.17977/um019v5i2p233-240

Abstract

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.
Universality and Contextuality of Islamic Law: a Perspective from Wael B. Hallaq and Thaha Jabir Alwani Luth, Thohir; Ahmad, Md Yazid
Peradaban Journal of Law and Society Vol. 2 No. 2 (2023)
Publisher : Pustaka Peradaban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59001/pjls.v2i2.112

Abstract

The article delves into the concepts of universality and contextuality within Islamic law from the perspectives of two eminent scholars, Wael Bahjat Hallaq and Thaha Jabir Alwani. The research aims to comprehend these scholars' views on the universality and contextuality of Islamic law in the contemporary context. The research methodology involves a meticulous analysis of Hallaq and Alwani's written works and a comprehensive review of pertinent literature. The findings suggest that, while both scholars concur that Islamic law embodies universal values applicable across time, they also underscore the significance of comprehending the social and cultural context when applying Islamic law. Hallaq emphasizes the necessity of a profound understanding of the principles of Islamic law to address contemporary challenges, whereas Alwani highlights the flexibility of Islamic law in adapting to changing times. These findings offer valuable insights into the effective implementation of Islamic law in diverse global and local contexts.
Ecological Wisdom of The Bajo Tribe in The Perspective of Fiqh al-Bi’ah and Green Constitution Chanifah, Nur; Luth, Thohir; Rohmah, Siti; Kholish, Moh. Anas; Zaini Muchlis
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 19 No. 2 (2024)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v19i2.13894

Abstract

The Bajo community, as a traditional maritime group, has long practiced marine environmental conservation, such as avoiding marine pollution and protecting endangered species. However, these conservation efforts are often perceived as lacking a firm legal foundation within both formal legal systems and Islamic law, making local wisdom-based conservation initiatives susceptible to neglect by both the government and the broader society. This study aims to analyze the marine environmental conservation practices of the Bajo community from the perspectives of Islamic environmental jurisprudence and the concept of green constitutionalism. The study conducted a qualitative approach. Data were collected through interviews and Focus Group Discussions (FGDs) with Bajo community members, religious leaders, and relevant stakeholders. The findings reveal that the unwritten customary regulations of the Bajo community emphasize the sanctity of the sea and promote a subject-to-subject relationship between humans and nature. The conservation practices of the Bajo community align with the principles of Islamic environmental law (fiqh al-bi’ah), particularly the principle of prioritizing environmental sustainability for the welfare of humanity. Furthermore, the study finds that Bajo conservation traditions have adopted the principles of green constitutionalism enshrined in Article 28 H of the 1945 Constitution of Indonesia, which ensures the right to a healthy and sustainable environment.
The Notion of Divine Principle (Asas Ilahiah) in Indonesian Contract Law Djumikasih, Djumikasih; Luth, Thohir; Budiono, Abdul Rachmad; Koeswahyono, Imam
Brawijaya Law Journal Vol. 8 No. 1 (2021): Contemporary Issue in Private Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.01.09

Abstract

This study is legal research aiming to find out the essence of Divine Principles in Indonesian Contract Law from the review of the Natural Law theory, the Sunt-Servanda theory, the Awareness and Legal Obedience Grundnorm theory, and Truth theory. This research reveals that the Divine Principle's essence is the most fundamental principle or guideline derived from God but exists in humans, aiming to find the truth and regulate the parties in making agreements. The application of the Divine Principle aims to find the truth and regulate the parties in the agreement's field.  Indonesian citizens could realize and practice the Precepts of Godhead in their agreement activities. In establishing the agreement, the parties are applying the teachings of their respective religions. This study reveals that the Divine principle needs to be incorporated into one of the upcoming National Agreement Laws principles, especially in the contract born because of the agreement. This study maintains that the divine principle can be applied comprehensively for Indonesian citizens who are parties to the agreement, not only limited to the Indonesian Muslim citizens.
Economic Analysis of Law in Increasing Value Added Tax Rate Policy Azhariani Fitri, Nabiela; Luth, Thohir; Hamidah, Siti
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.825

Abstract

The policy of increasing the value-added tax (VAT) rate by 11% was implemented in 1st April 2022, with further increase to 12% scheduled by Januari 2025. This policy sparked both support and criticism. This study aims to analyze the concept of VAT rate increase policy aligns with the utility principle through the lens of economic analysis of law. The research adopts a juridical-normative methodology, utilizing statutory and conceptual approaches. Legal issues requires an interdisciplinary approach, which integrates law with other disciplines, especially economics, to provide a comperhensive solution. This approach eludicates economic consequenses of legal implementation and examines how law can shape economic behavior. The policy of increasing the VAT rate must lead to an increase in state revenue to enhance public welfare through efficient public serice programs and effective redistribution of tax revenue,thereby improving the quality of life for the population without causing significant harm to specific groups
PHYLOSOPHICAL AND CONSTITUSIONAL PROTECTION TOWARDS RELIGION IN INDONESIA Silfiah, Rossa Ilma; Luth, Thohir; Sugiri, Bambang; Aprilianda, Nurini
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.04

Abstract

Legal protection on religion is certainty for a state with Pancasila principle. The first principle the Divinity of the Only God has been spirit of the following points, as living guidance for Indonesian country. The believing of the Divinity of the Only God shows that the Indonesian Republic is religious based country by protecting freedom to have religion for its people. This regulation has implication in governmental circle, that the country makes Religion Ministry as one of ministries that its existence has the same position to other state institutions. The implementation of legal protection toward religion needs legitimating in the field of civil law, showed in issuing President Decree No. 1 of 1965 on the Preventing of Misuse and/or Religion Staining. The existence of this Decree in Old Order has been legitimated newly as a Law  by issuing the Law No. 5 of 1969, thus the President Decree has been added to the Criminal Code, Act 156a.
Co-Authors Abdul Rachmad Budiono Ahmad, Md Yazid Azhariani Fitri, Nabiela Djumikasih Imam Koeswahyono Kholish, Moh. Anas Laksono, Febrian Dwi Nur Chanifah Nurini Aprilianda Silfiah, Rossa Ilma Siti Hamidah Siti Rohmah Sugiri, Bambang Wibowo, R. Tetuko Aryo Zaini Muchlis