scholarly journals Kontekstualisasi Pemahaman Hadis tentang Keutamaan Membunuh Tokek

2019 ◽  
Vol 1 (2) ◽  
pp. 161-184
Author(s):  
Arif Budiman
Keyword(s):  
Alternative Medicine ◽  
Research Method ◽  
Precise Understanding ◽  
The Law ◽  
Scientific Facts ◽  
Science Show

This article analyzes the hadith about the Prophet's order to kill a lizard. If at a glance, this hadist seems contradictory to Q.S: Al-A'raf: 56 that is the prohibition of damaging natural balance. In terms of the command to kill animals is one of the forms of devastation. Meanwhile, the facts of science show that lizards are useful in alternative medicine. Thus, the editor of hadist seems contrary to the verses of the Qur'an and scientific facts. The settlement is carried out by taking step of the research method of Thematic Hadist (maudhu'iy). The author compiles data from various canonical and non-canonical hadist book. As a result, it has three variants. First, it is explain the order of killing lizards. Second, it explains the quantity of reward for killing lizards (wazagh). Third, it contains information that lizards (wazagh) is a nasty animal, which means an animal that is bothersome and hostile to humans.The scholars of Hadist states this hadist can be practiced, because the law is suppressed by hadist’s validity of killing 5 nasty animals. However, a review of the health and medical aspects, it shows that the lizard is beneficial for curing certain diseases. If the lizard is killed with the reason that has been stated by the scholars that it is killed because the animal is in vain, then the understanding is no longer relevant in the present. So that, a more precise understanding is to look at the hadith's essential inspiration that the Prophet SAW states "killed" is the nature of wickedness, which is symbolized through the lizards.

Seni Dalam Persfektif Hadist (Kajian Ma`ani Persfektif Muhammadiyah)

Bayani ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 129-142
Author(s):  
Ahmad Rifai
Keyword(s):  
Qualitative Research ◽  
Social Media ◽  
Research Method ◽  
Art And Design ◽  
Art Program ◽  
Design Program ◽  
The Law ◽  
The University

The law of art in Islam is hotly told on social media, Calls for the illegality of art echo on social media. Muhammadiyah began to pursue art by opening an art and design program at the muhammadiyah university, including at the University of Muhammadiyah Bandung. This is interesting to study, to find out the purpose of Muhammadiyah in opening an art program when the call for illegal art to go viral on social media. The purpose of this study is to find out the principles and laws of art in Muhammadiyah. This research method uses qualitative research by examining hadith about art. The hadith approach used is the science of riwayah hadith and the science of ma'ani hadith. In conclusion, there is a hadith that forbids images and statues, there is a hadith that allows making dolls for toys, draw clothes, and draw lifeless creatures. The law of art in Muhammadiyah is allowed if it is closer to monotheism and benefit. the law of art is forbidden if it leads to polytheism.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Hiburan: Muzik, Nyanyian, Nasyid Menurut Perspektif Fiqh dan Fatwa

2018 ◽  
Vol 3 (1) ◽  
pp. 83-108
Author(s):  
Lukmanul Hakim Hanafi ◽  
Zulkifli Mohamad Al-Bakri ◽  
Raja Raziff Raja Shaharuddin
Keyword(s):  
Research Method ◽  
Leisure Time ◽  
Human Life ◽  
Young Generation ◽  
Islamic Perspective ◽  
The Law ◽  
Modern Form ◽  
At Home

Nowadays, entertainment has become part of human life especially to the Muslim young generation. Entertainment is a need at any time and anywhere such as while driving, at home or during leisure time. However, there is a different opinion regarding entertainment itself. Some of the views opine that it is forbidden either through media or any other medium, and there is also an opinion saying that it is only permissible by medium of nasyid. This article intends to explain and discuss the law or ‘hukm’ of media entertainment either by way of hearing the music, song, nasyid or by manner of singing from fiqh and fatwa perspectives. Documentary research method will be adopted in the study and gathering of information on views from the Islamic perspective with regards to this issue. Outcome of research asserts that Islam does not object to music whether in the traditional or modern form as long as it does not transgress with the teachings of Islam. The Fuqaha opine that entertainment is permissible in Islam in so far as it does not contain elements of neglect, badness or forbidden by Islam. Keywords: Entertainment, music, fatwa, traditional, permissible. Abstrak Mutakhir kini, hiburan merupakan sebahagian daripada kehidupan manusia, terutamanya umat Islam daripada golongan muda. Di mana jua berada sama ada ketika memandu, di rumah atau ketika waktu lapang pasti hiburan menjadi teman lapangan. Namun begitu, persoalan yang timbul adalah berkaitan dengan hiburan sendiri, terdapat pendapat mengatakan ia haram tidak kira sama ada berhibur melalui media mahupun sebaliknya, dan terdapat juga pendapat mengatakan ianya harus jika berhibur dengan irama nasyid sahaja. Artikel ini bertujuan menjelaskan dan membincangkan hukum berhibur melalui media sama ada dengan cara mendengar muzik, lagu, nasyid dan menyanyi dari pandangan fiqh dan fatwa. Metodologi analisa dokumen digunakan bagi meneliti dan memperolehi maklumat berkaitan pandangan Islam akan isu ini. Dapatan kajian mendapati Islam tidak menghalang sesuatu seni muzik sama ada tradisional atau moden selagi mana ia tidak bercanggah dengan syariat Islam. Fuqaha berpandangan bahawa hiburan dalam Islam adalah harus hukumnya melainkan hiburan itu jelas mendatangkan kelalaian dan keburukan ataupun wujudnya unsur-unsur yang haram dalamnya maka jadilah ia haram. Kata kunci: Hiburan, muzik, fatwa, tradisional, harus.

scholarly journals Reformulasi Sanksi Pidana Pencemaran Nama Baik Melalui Media Online

2019 ◽  
Vol 21 (2) ◽  
pp. 327-338
Author(s):  
Rahmat Fadli ◽  
Mohd. Din ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Online Media ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
The Law ◽  
Sense Of Justice

Penelitian ini bertujuan untuk mengkaji perlindungan hukum terhadap korban pencemaran nama baik melalui media online dan menjelaskan pemenuhan restitusi yang seharusnya diterima korban pencemaran nama baik melalui media online. Pencemaran nama baik merupakan perbuatan melawan hukum, dikarenakan telah menyerang kehormatan atau nama baik seseorang. Rumusan tindak pidana pencemaran nama baik melalui media online diatur dalam Pasal 27 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik. Sanksi pidananya diatur dalam Pasal 45 ayat (3) Undang-Undang ini. Dalam Undang-Undang ini belum diatur sanksi pidana yang berbentuk restitusi, sehingga kurang melindungi korban pencemaran nama baik melalui media online. Metode penelitian ini adalah yuridis normatif dengan menggunakan bahan hukum primer, sekunder, dan tersier, Berdasarkan hasil penelitian ditemukan bahwa ancaman pidana pada Pasal 45 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik belum memenuhi rasa keadilan dan memberi manfaat kepada korban. Karena pada pasal ini belum mengatur sanksi pidana yang bersifat ganti rugi terhadap korban. Reformulation of  Criminal Sanctions on Defamation Through Online Media This study aims to examine the legal protection of victims of defamation through online media and explain the fulfillment of restitution that should be received by victims. Defamation is an act against the law, because it has attacked someone's honor or reputation. The formulation of criminal defamation through online media is regulated in Article 27 paragraph (3) of the Information and Electronic Transactions Law. The criminal sanctions are regulated in Article 45 paragraph (3). This law has not yet regulated criminal sanctions in the form of restitution, so it does not protect victims of defamation through online media. The research method is a normative juridical by using primary, secondary, and tertiary legal materials. The results found that the criminal threat in Article 45 paragraph (3) of the Law on Information and Electronic Transaction had not fulfilled a sense of justice and benefited for victims. It is because this article does not yet regulate criminal sanctions that are compensation for the victim.

scholarly journals EKSISTENSI DAN INTEGRITAS BAWASLU DALAM PENANGANAN SENGKETA PEMILU

2019 ◽  
Vol 2 (1) ◽  
pp. 59-70
Author(s):  
Muhammad Ja’far
Keyword(s):  
Research Method ◽  
Supervisory Board ◽  
General Election ◽  
The Law

As an institution that is presented to oversee the implementation of elections, the General Election Supervisory Board is expected the role and integrity so that the implementation of elections can run as expected and running smoothly. The formulation of the issues raised is how the role of Election Supervisory Body in handling election disputes in Indonesia. The research method used is juridical normative with primary law material. The result of the research is that the Election Supervisory Board has an important role as the guard of the general election as mandated in the Law on the Implementation of General Election, it is mentioned that the function of Election Supervisor is as described in the duties, authorities and obligations of General Election Supervision

scholarly journals Dinamika Hukum Perpajakan Di Indonesia Ditinjau Dari Undang-Undang Nomor 28 Tahun 2009 Tentang Pajak Daerah Dan Distribusi Daerah

2021 ◽  
Vol 4 (2) ◽  
pp. 516-523
Author(s):  
Moza Dela Fudika ◽  
Rosyidi Hamzah
Keyword(s):  
Research Method ◽  
Regional Distribution ◽  
Regional Autonomy ◽  
Legal Method ◽  
The Law ◽  
Tax Regulation

Changes in tax regulation policies as an implication of regional autonomy in Indonesia starting from Law Number 18 of 1997 concerning Regional Taxes and Regional Levies, then amended by Law Number 34 of 2000 concerning Amendments to Law Number 18 of 1997 concerning Taxes Regions and Regional Retribution. This regulation was later replaced by Law Number 28 of 2009 concerning Regional taxes and Regional Levies. Of the three regulations, legal dynamics occur that lead from decentralized to centralized. The research method in this study uses the normative legal method. From the results of the study, it is found that the dynamics of taxation law in Indonesia in terms of law number 28 of 2009 concerning regional taxes and regional distribution have experienced legal changes in terms of types of taxes, discretionary rate setting, and the nature of determining the type of tax of the law prevailing previously which led to a decentralized to centralized nature as well as a change in tax determination policy from an open list system to a closed list system. Keyword : legal dynamics, taxation, regional taxes and regional distribution

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals PERBUATAN PIDANA YANG DILAKUKAN OLEH PENGEDAR NARKOTIKA DENGAN MENGGUNAKAN TEKNOLOGI INTERNET DAN APLIKASI VPN

2019 ◽  
Vol 3 (1) ◽  
pp. 11-26
Author(s):  
Hendro Utaryo
Keyword(s):  
Communication Technology ◽  
Research Method ◽  
Internet Technology ◽  
Use Of Technology ◽  
Communication Device ◽  
The Law ◽  
Positive Functions ◽  
Use Of Internet ◽  
The Impact ◽  
Growing Population

The growing population and the development of communication technology led to the increasing use of Internet technology. Narcotics circulation through the development of Internet technology and VPN applications is the impact of misuse of the positive functions of a technology that has evolved into negative functions and against the law. The use of technology that has evolved from a communication device by the narcotics distributor to market their narcotics trading quickly, briefly, and veiled with the intent of activities that will be disseminating and trading narcotics not May be known by the authorities. This research uses normative research method by analyzing about criminal action conducted by narcotics distributor using Internet based technology and VPN application as well as determining locus delicti from The cause of the cyberlaw and its accountability for narcotics dealers.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

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