Jurnal Ilmu Hukum

Batasan Privasi Dalam Hukum Islam: Analisis Fenomena Oversharing di Media Sosial

Nurhikma, Idris Alfarizi, Kurniati — Wed, 15 Jan 2025 00:00:00 +0700

The phenomenon of oversharing on social media has become a significant issue in the digital age, where individuals often over-share personal information without regard to its impact. In the context of Islamic law, privacy is a fundamental value that must be maintained to protect the honor and dignity of individuals. However, research linking privacy principles in Islamic law with privacy challenges in social media is still limited. This research uses a qualitative method with a literature study approach and normative analysis of Qur'anic verses, hadith, and scholars' opinions to examine the limits of privacy in Islamic law and its implications for oversharing practices on social media. The results show that Islamic law regulates privacy through Maqasid al-Shari'ah, the prohibition of tajassus, and the recommendation to maintain speech and behavior in public spaces. The practice of oversharing on social media can violate these principles, potentially leading to slander, data exploitation, and negative impacts on social and psychological relationships. In addition, education about digital ethics based on Islamic law is important to encourage wise and responsible use of social media. This research makes a novel contribution to understanding the relationship between sharia norms and privacy challenges in the technological age, while offering ethical guidance for social media users to maintain honor and safety in the digital world.

Telaah Hukum Islam terhadap Asuransi BPJS: Perspektif Maqasid al-Shariah dalam Pelayanan Kesehatan

Rifyan Zahir, Tari Lestari, Kurniati — Wed, 15 Jan 2025 00:00:00 +0700

This study aims to analyze the suitability of the Health Social Security Organizing Agency (BPJS) in Indonesia with the principles of Islamic law, especially in the perspective of Maqasid al- Shariah. Maqasid al-Shariah focuses on maintaining the five main aspects of life: religion, soul, mind, offspring, and property. This research uses a qualitative method with a descriptive-analytical approach, which examines aspects of BPJS operations such as contracts, fund management, and penalty policies, as well as their impact on Muslim communities. The research findings show that BPJS Kesehatan can support the Maqasid al-Shariah objectives in protecting the soul (hifz al-nafs) and property (hifz al- mal), but there are some technical aspects that need to be adjusted to sharia principles, such as the late payment penalty mechanism and fund management. In this context, solutions based on tabarru' (grant) contracts, ta'widh (compensation), and the application of waqf as an alternative financing can be steps that are in accordance with Islamic law. This research provides an important contribution to the development of BPJS policies that are more inclusive and fair, while reflecting sharia values in Indonesia's social security system.

Peran Hukum Agraria dalam Pengelolaan Tanah Pesisir Studi Kasus Pagar Laut di Tangerang

Surur Roiqoh, Navirta Ayu — Mon, 24 Feb 2025 00:00:00 +0700

Coastal land management in Indonesia, particularly in Tangerang, faces significant problems related to the unclear legal status of land and conflicts of ownership between local communities, businessmen, and the government. Land that has been controlled by the community for generations without a valid certificate is often a source of dispute, and development projects such as sea fences exacerbate tensions between various interests. Indonesia's agrarian law, as regulated in the Basic Agrarian Law No. 5 of 1960 (UUPA), has a crucial role in regulating coastal land rights, dispute resolution, and land rights mapping. Regional autonomy gives local governments the authority to manage coastal land by taking into account the interests of local communities and environmental sustainability. However, the main challenges faced are limited resources, poor coordination between central and local governments, and the protection of indigenous peoples' rights. Therefore, strengthening the capacity of local governments, formulating clear spatial policies, and improving coordination between relevant parties are essential to ensure fair and sustainable coastal land management. This study aims to provide insights into coastal land management in Indonesia and solutions to overcome obstacles in the implementation of agrarian policies and regional autonomy.