Year Year arrow
arrow-active-down-0
Publisher Publisher arrow
arrow-active-down-1
Journal
1
Journal arrow
arrow-active-down-2
Institution Institution arrow
arrow-active-down-3
Institution Country Institution Country arrow
arrow-active-down-4
Publication Type Publication Type arrow
arrow-active-down-5
Field Of Study Field Of Study arrow
arrow-active-down-6
Topics Topics arrow
arrow-active-down-7
Open Access Open Access arrow
arrow-active-down-8
Language Language arrow
arrow-active-down-9
Filter Icon Filter 1
Year Year arrow
arrow-active-down-0
Publisher Publisher arrow
arrow-active-down-1
Journal
1
Journal arrow
arrow-active-down-2
Institution Institution arrow
arrow-active-down-3
Institution Country Institution Country arrow
arrow-active-down-4
Publication Type Publication Type arrow
arrow-active-down-5
Field Of Study Field Of Study arrow
arrow-active-down-6
Topics Topics arrow
arrow-active-down-7
Open Access Open Access arrow
arrow-active-down-8
Language Language arrow
arrow-active-down-9
Filter Icon Filter 1
Export
Sort by: Relevance
  • Research Article
  • 10.25041/fiatjustisia.v19no2.3938
Legal Analysis of The Application of Islamic Economic Principles in International Trade Law to Realize Fair World Economic Development
  • May 23, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Helza Nova Lita + 2 more

The current international trade law tends to promote competition rather than cooperation, often leading to conflicts between parties to the agreement. The general principles underlying the agreement between parties in international trade law can be related to Islamic economic principles. The GATT and WTO treaties aim to regulate all sectors of global trade as they evolve, encompassing significant developments in international trade, particularly trade among countries with a Muslim majority population. Essentially, Islamic Agreement Law adheres to the principle of freedom of contract, as outlined in the provisions of the Lex Mercatoria and the Civil Code. Thus, the role of individuals in the agreement becomes crucial to understanding the value of the principle of freedom of contract, which is closely related to the principle of party consent. This article offers explanations and solutions to address the primary issues in current international trade agreement practices, grounded in the principles of Islamic Economics. The analytical study will use normative juridical methods and Islamic law. The concept of Islamic Economics is overly concerned with the balanced protection of the parties. In its strategic position, Islamic economic principles can be applied in international trade cooperation relations not only in countries where most of the population is Muslim, but also in Muslim minority countries.

  • Journal Issue
  • 10.25041/fiatjustisia.v19no2
  • Apr 30, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum

  • Open Access Icon
  • Research Article
  • 10.25041/fiatjustisia.v19no1.3925
The Implementation of Cash Waqf Linked Deposit by Islamic Banking (Case Study of Bank Muamalat)
  • Apr 11, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Cheryl Patriana Yuswar + 1 more

The implementation of cash waqf in Indonesia, with a particular focus on Cash Waqf Linked Deposit (CWLD) as the latest Islamic banking product in the country’s Islamic financial sector. The study adopts a normative legal research method and utilizes primary data obtained through an online interview with PT Bank Muamalat Indonesia Tbk. The data is analyzed using a descriptive-qualitative approach. The findings reveal that although the Indonesian Waqf Board estimates the potential of the cash waqf sector at 180 trillion Rupiah, actual realization remains significantly low, with only 2.3 trillion Rupiah collected as of 2023. In response to this gap, the Financial Services Authority (OJK) introduced CWLD in October 2024 as a strategic effort to strengthen Islamic banking and promote greater public participation in cash waqf. PT Bank Muamalat, as Indonesia’s first appointed Islamic Financial Institution to Receive Cash Waqf (LKS-PWU), plans to implement CWLD as part of its new sharia-compliant investment services. As a recently introduced product, CWLD at Bank Muamalat is expected to attract increasing interest from the Indonesian public in the years ahead.

  • Open Access Icon
  • Research Article
  • Cite Count Icon 1
  • 10.25041/fiatjustisia.v19no1.4024
Asset Recovery In Corruption Cases In Indonesia: A Human Rights Perspective
  • Mar 21, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Rihantoro Bayuaji + 1 more

The proposal to pardon corruption offenders within a restorative justice framework, as articulated by President Prabowo Subianto, has sparked diverse responses. However, the President later clarified that his statement was not an endorsement of pardoning corrupt individuals but rather an emphasis on the importance of asset recovery in combating corruption. Given that imprisonment has proven ineffective as a deterrent and insufficient in addressing state losses, asset recovery presents a viable legal strategy in corruption law enforcement. This research examines two key issues: the extent to which asset recovery serves as a deterrent in criminal law and its impact on the fulfillment of human rights. Employing a normative juridical approach through statutory and conceptual analysis, the findings suggest that asset recovery not only deters corruption and restores state finances but also advances justice and human rights. Accordingly, this research recommends that the Indonesian House of Representatives and the government expedite the enactment of the Asset Forfeiture Bill (RUU) to strengthen asset recovery mechanisms in corruption cases.

  • Open Access Icon
  • Research Article
  • 10.25041/fiatjustisia.v19no1.4026
Enhancing The Role Of Political Parties In Advancing Political Education As A Foundation For Democracy
  • Mar 17, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Gunawan Arifin + 4 more

Political parties play a strategic role in democratic governance, serving as key instruments in fostering democracy. However, a decline in public trust has emerged due to the perception that political parties prioritize power politics over their educational function, reducing them to mere tools of political control. This study employs legislative, conceptual, and comparative approaches to develop a framework for strengthening the role of political parties, particularly in enhancing political education as a prerequisite for democracy. It examines two key issues: whether the current regulation of political party functions aligns with Indonesia’s democratic development model and how these functions can be reinforced to promote public political education. The findings indicate that the existing political party law has not effectively facilitated political education, failing to enhance civic awareness and responsibility in accordance with Indonesia’s democratic principles. To address this, the legal framework governing political parties must institutionalize political education and ensure that ethical and moral values serve as guiding principles in decision-making processes.

  • Research Article
  • 10.25041/fiatjustisia.v19no1.3984
Enhancing Public Service Access for Vulnerable Groups Through the Pentahelix-Based Inclusive Village Model
  • Mar 7, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Achmad Hariri + 2 more

The Pentahelix approach is essential for enhancing access to and the quality of public services for vulnerable groups in Desa Karduluk, Sumenep. By fostering collaboration among government, academia, businesses, communities, and media, this model aims to create fairer, more effective, and sustainable services. This study employs a juridical-empirical method to assess the implementation of the Pentahelix approach in developing an inclusive village. The findings highlight its potential but also reveal challenges, including the absence of village-level regulations and limited private sector involvement. Academia, particularly IAIN Madura, has contributed through Tri dharma activities, albeit on a limited scale. Local businesses play a minor role, requiring training and market access support. Community groups, such as Parjughe and Pemuda Peduli, demonstrate concern for vulnerable populations but have not specifically addressed disability issues. While local media like kimpragaan.com have been active, broader media engagement remains limited.

  • Open Access Icon
  • Research Article
  • 10.25041/fiatjustisia.v19no1.3586
A Normative Legal Analysis of Crypto Assets as Collateral for Debt in Indonesia
  • Feb 25, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Rilda Murniati Rilda + 1 more

Cryptocurrency, or crypto assets, are virtual commodities emerging from technological advancements in commodity futures trading. To strengthen regulatory frameworks, it is essential to examine their characteristics as property, particularly their eligibility for property rights and use as collateral. This normative legal study employs a dogmatic approach, utilizing secondary data analyzed qualitatively. The findings indicate that crypto assets constitute intangible movable property with economic value, fulfilling property criteria in both Islamic and civil law. As such, property and ownership rights can be attached to crypto assets, allowing them to serve as collateral akin to shares. In cases of debtor default, execution through the sale of pledged crypto assets on an exchange is legally feasible.

  • Research Article
  • 10.25041/fiatjustisia.v19no1.3711
A Human Rights Perspective on Granting Privileges to Descendants of PKI in Indonesia
  • Feb 14, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Susi Susantijo

Human rights, as inherent rights granted to all individuals by virtue of their existence, are enshrined in Law Number 39 of 1999 concerning Human Rights. In Indonesia, human rights remain a critical focus, particularly in addressing past gross human rights violations, which continue to be unresolved despite various regulations, including Presidential Letter Number 2 of 2023 and Presidential Decree Number 17 of 2022. These measures, aimed at non-judicial settlement of past violations, have sparked controversy, particularly regarding their compatibility with MPR Decree Number XXV/MPRS/1966. This research explores the challenges and implications of granting special rights to descendants of the PKI, raising the question of whether they are entitled to such privileges. The granting of these rights has provoked both positive and negative reactions within civil society, with the government's central policy seen as a step toward future improvements. Utilizing a normative legal research methodology, this research analyzes various sources such as books, journals, and newspapers, offering a comprehensive legal analysis. The research concludes that, under the principles of justice, benefit, and legal certainty, the Indonesian state’s provision of special rights to the descendants of the PKI is legally legitimate.

  • Research Article
  • 10.25041/fiatjustisia.v18no4.3635
Ethical Contracts vs. Commercial Realities in Indonesian Sharia Insurance
  • Feb 4, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum
  • Istianah Zainal Asyiqin

This article examined legal issues within Indonesia's Sharia insurance industry, focusing on implementing dual contracts combining tabarru’ (voluntary) and tijarah (business) agreements. The qualitative study used secondary data and a taxonomic technique to identify legal challenges. Ideally, the contract structure should separate the management of these two agreements, with tabarru’ as the primary contract and tijarah as supplementary. However, the findings revealed that Indonesia's takaful industry prioritized the supplementary tijarah contract over the primary tabarru’. This issue resulted in inadequate separation of tabarru’ and tijarah funds, leading to the mixing of returns from both sectors. This practice contradicted the fatwas issued by the National Sharia Council-The Indonesian Ulama Council (DSN-MUI) regarding Islamic insurance.Additionally, the article identifies ambiguities within some DSN-MUI guidelines. To address these issues, the article proposed an alternative contract scheme from the perspective of fiqh al-mu'amalah (Islamic economic law), suggesting that tabarru’ could be based on a fee (ujrah). In contrast, other contracts could be structured around profit and loss-sharing investment agreements.

  • Open Access Icon
  • Journal Issue
  • 10.25041/fiatjustisia.v19no1
  • Jan 31, 2025
  • Fiat Justisia: Jurnal Ilmu Hukum