Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum

Personal Data Protection for Victims of Sexual Violence in the Publication of Indonesian Cinematic Works

Auliyatur Rahmah — 2025-12-19

This research examines how the personal data of victims of sexual violence are protected in the publication of Indonesian film art. It aims to explore the legal dynamics governing this issue from two perspectives: Indonesian legislation and the principles of siyasah dusturiyah. The study employs a normative juridical method with a statutory approach. To obtain relevant data, the researcher refers to primary legal sources, including the Qur’an, Hadith related to personal data protection, Law No. 33 of 2009 on Film, Law No. 27 of 2022 on Personal Data Protection (PDP), Law No. 12 of 2022 on Sexual Violence Crimes (TPKS), and Law No. 1 of 2024 on Electronic Information Transactions (ITE). Secondary sources include books and scholarly works that support the analysis. The findings reveal two key points. First, under the principle of lex specialis derogat legi generali, victims of sexual violence retain their rights as guaranteed in Article 69(d) of Law No. 12 of 2022 on Sexual Violence Crimes, including the protection of their identity and confidentiality. Films depicting sexual violence remain prohibited from presenting content that highlights pornography, as stated in Article 6(b) of Law No. 33 of 2009 on Film. Second, within the framework of fiqh siyasah dusturiyah, potential injustices are addressed through the establishment of a state institution known as sulṭah tashrī‘iyyah, which is responsible for formulating laws to be implemented in accordance with Allah’s provisions in Islamic sharia. One such principle is the prohibition against disseminating personal data through film media, as this protection aligns with the preservation of honor (ḥifẓ al-‘irḍ), one of the essential objectives (maqāṣid al-sharī‘ah) aimed at preventing human exploitation. Even when the victim’s family grants consent for the use of personal data in film production with good intentions, safeguarding a person’s dignity—whether the person is alive or deceased—remains a fundamental duty that must be upheld.

Market Consignment Transactions and Their Legal Implications under Islamic Economic Law: Evidence from Ombilin Market

Anisa Wani — 2025-12-19

This study examines the mechanisms of price determination, profit distribution, and loss management in consignment sales transactions at Ombilin Market, Nagari Simawang. The research aims to analyze how prices are set, how profits are shared, and how losses or unsold consigned goods are handled within consignment-based trading practices at the market.

The research adopts a field-based qualitative approach using a descriptive method. Data were collected from both primary and secondary sources. Primary data were obtained through observations and semi-structured interviews with traders and owners of consigned goods at Ombilin Market, while secondary data were gathered from other traders and community members with knowledge of local consignment practices. Snowball sampling was employed to identify relevant informants. Data analysis was conducted by systematically describing the empirical findings and interpreting them using relevant theoretical and legal frameworks.

The findings reveal that price determination is carried out through mutual agreements between traders and consigned goods owners, taking into account prevailing market prices, operational costs, and demand conditions. Profit distribution is generally based on prior agreements, whereby traders receive approximately 30–40 percent of the total profit, while the remaining share is allocated to the owners of the consigned goods. In cases of losses arising from unsold goods, several mechanisms are applied, including returning the goods to the owners, renegotiating prices through sales to wholesalers at lower rates, sharing storage-related losses, or purchasing the goods at reduced prices upon mutual consent. When consigned goods are damaged, liability rests with the owner, provided that the trader has fulfilled the obligation to report the damage.

From the perspective of Sharia economic law, the implementation of consignment agreements at Ombilin Market is consistent with the principles of wakālah bi al-ujrah. Price determination practices reflect Sharia principles of fairness and economic welfare, profit distribution corresponds to agreed-upon proportions, and loss management aligns with the concept of ḍamān in Islamic economic law.

The Effectiveness of Da’i as Zakat Executors in Strengthening Zakat Collection: Evidence from BAZNAS Dharmasraya Regency

Latif Aswen — 2025-12-19

This study examines the transformation of the role of da’i within BAZNAS of Dharmasraya Regency, where their function has expanded beyond the delivery of religious messages to encompass strategic responsibilities in the collection and management of zakat. The research seeks to analyze how this functional transformation occurs and to assess its effectiveness in increasing the potential collection of zakat, infak, and sadaqah (ZIS).

Employing a qualitative methodology with a transformative approach, this study adopts the Community-Based Research (CBR) model, which emphasizes active collaboration among researchers, da’i, and local communities in identifying challenges and formulating context-sensitive solutions. Data were generated through participatory engagement, enabling an in-depth understanding of the social and institutional dynamics surrounding zakat management.

The findings indicate that the repositioning of da’i as zakat executors has significantly enhanced collective community awareness of the religious and social importance of zakat, while also strengthening zakat management systems grounded in local culture and community potential. Furthermore, the integration of cultural approaches and managerial capacity-building initiatives has proven effective in reinforcing the role of da’i as agents of social change, particularly in promoting community empowerment and sustainable zakat governance.

Reconceptualizing Mandatory Bequests for Children of Unregistered Marriages: Islamic Family Law Responses to Supreme Court Circular Letter No. 3 of 2023

Yilda Riskanda — 2025-12-26

This study examines the application of the mandatory will (wasiat wajibah) as regulated in Supreme Court Circular Letter (SEMA) No. 3 of 2023, particularly in relation to children born from valid but legally unregistered marriages. The research aims to analyze the legal construction and implications of SEMA No. 3 of 2023 concerning inheritance rights through mandatory wills within the framework of Islamic inheritance law in Indonesia.

This research adopts a library-based methodology using a normative juridical approach, focusing on statutory analysis of SEMA No. 3 of 2023 as the primary legal source. Secondary data are derived from books, scholarly articles, and relevant scientific works. Data analysis is conducted through deductive reasoning, while data validity is ensured through source triangulation.The findings indicate that wasiat wajibah under SEMA No. 3 of 2023 serves as an alternative legal instrument to provide inheritance shares to children who are not formally recognized as heirs under classical Islamic inheritance law.

This provision extends the earlier application of mandatory wills, previously limited to adopted children under Article 209 of the Compilation of Islamic Law. Although the inheritance portion through wasiat wajibah is limited to one-third of the estate, this policy reflects the principle of maṣlaḥah and the best interests of the child by ensuring minimum economic protection and legal certainty for children born from unregistered marriages.

Bawaslu’s Oversight of Digital Campaign Dynamics on Social Media in the 2024 Tanah Datar Regional Head Election

Zakiati Nurjannah — 2025-12-26

This thesis examines the supervision carried out by the Election Supervisory Agency (Bawaslu) over digital campaign activities on social media during the 2024 Regional Head Election (Pilkada) in Tanah Datar. The study focuses on three main issues: the forms and characteristics of digital campaigns that emerged on social media platforms, the supervisory mechanisms employed by Bawaslu in responding to these dynamics, and the challenges faced by Bawaslu in exercising its oversight function amid the rapid development and openness of digital information.

This research adopts a qualitative field research approach. Data were collected through in-depth interviews with relevant stakeholders, documentation analysis, and observation of local social media accounts that were active during the campaign period. The collected data were analyzed descriptively and qualitatively using several analytical frameworks, including surveillance theory, campaign theory, institutional theory of Bawaslu, and the perspective of fiqh siyasah tanfidziah.

The findings indicate that digital campaigns in the 2024 Tanah Datar Pilkada were not limited to informational, persuasive, and mobilizational content, but also evolved into spaces of political criticism, satire, humor, and complex public interaction. This development confirms that social media has become a strategic arena for shaping public opinion, while simultaneously presenting significant challenges for electoral supervision. Bawaslu’s supervisory efforts—implemented through direct, indirect, and preventive mechanisms—reflect an institutional attempt to adapt to digital realities. However, their effectiveness remains constrained by technical limitations, the absence of detailed regulatory frameworks governing digital campaigns, and relatively low levels of public participation.

This condition illustrates a gap between positive legal norms governing elections and the actual practices of digital campaigning in the field. From the perspective of fiqh siyasah tanfidziah, electoral supervision constitutes a mandate that must be carried out fairly and oriented toward the public interest (maslahah). Accordingly, this study emphasizes the importance of strengthening digital campaign regulations, enhancing supervisory technological capacity, and encouraging broader public involvement to ensure that digital campaign oversight is more effective, just, and aligned with both legal principles and sharia values.