scholarly journals Dilema Perkawinan Adat Sumbawa di Masa Pandemi Covid-19

AL-HUKAMA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 372-398
Author(s):  
Fatihatul Anhar Azzulfa
Keyword(s):  
Local Government ◽  
Analytical Method ◽  
Islamic Law ◽  
Field Research ◽  
The People ◽  
Traditional Marriage ◽  
The Government

The procession of traditional marriage is a custom in the community that contains all rituals and require the implementation that must done by many people. The dilemma that occurs in the people of Sumbawa is a problem that must be faced together between the community and the government. This paper tries to explore and examine how the practice of traditional Sumbawa marriage when the Covid-19 pandemic took place in Brang Biji Village, Sumbawa District, Sumbawa Besar Regency. This research is a field research using descriptive analytical method. In this case, the local government has issued a policy during a pandemic Covid-19 to any person who performs his business to always implement health protocols. Meanwhile, the community understands that the traditional marriage procession must always be carried out and the pandemic is not a barrier. The obligation to carry out a traditional marriage procession is not regulated in terms of harmony or marriage conditions, but this customary procession does not contradict Islamic law. Marriage will remain valid if it is carried out in harmony and legal conditions of marriage according to Islamic law without carrying out the traditional procession in marriage. The government should provide an understanding to the community that during the Covid-19 pandemic, traditional marriage processions brought more mafsadah than benefits. Traditional procession becomes less meaningful if it ultimately brings bad consequences to himself or others

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

GERAKAN SOSIAL MASYARAKAT KAMPUNG LABALUBA DESA KONTUMERE KECAMATAN KABAWO KABUPATEN MUNA TAHUN 1960-1980

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Nurwan Nurwan ◽  
Ali Hadara ◽  
La Batia
Keyword(s):  
Social Movements ◽  
Local Government ◽  
Social Movement ◽  
Negative Effects ◽  
Movement Process ◽  
The People ◽  
The Social ◽  
The Government ◽  
The Village ◽  
The City

ABSTRAK: Inti pokok masalah dalam penelitian ini meliputi latar belakang gerakan sosial masyarakat Kampung Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna, Faktor-faktor yang mendorong gerakan sosial masyarakat Kampung Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna, proses gerakan sosial masyarakat Kampung Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna dan akibat gerakan sosial masyarakat Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna? Latar belakang gerakan sosial masyarakat Kampung Labaluba yaitu keadaan kampungnya yang hanya terdiri dari beberapa kepala keluarga tiap kampung dan jarak yang jauh masing-masing kampung membuat keadaan masyarakatnya sulit untuk berkomnikasi dan tiap kampung hanya terdiri dari lima sampai dengan tujuh kepala keluarga saja. Kampung ini letaknya paling timur pulau Muna terbentang dari ujung kota Raha sekarang sampai kampung Wakuru yang saat ini. Kondisi ini juga yang menjadi salah satu faktor penyebab kampung ini kurang berkembang baik dibidang ekonomi, sosial politik, pendidikan maupun di bidang kebudayaan. Keadaan ini diperparah lagi dengan sifat dan karakter penduduknya yang masih sangat primitif. Faktor yang mendorong adanya gerakan sosial masyarakat Kampung Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna adalah adanya ketidaksesuaian antara keinginan pemerintah setempat dan masyarakat yang mendiami Kampung Labaluba pada waktu itu. Sedangkan proses gerakan sosial masyarakat Kampung Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna bermula ketika pemerintah seolah memaksakan kehendaknya kepada rakyat yang menyebabkan rakyat tidak setuju dengan kebijakan tersebut. Akibat yang ditimbulkan dari adanya gerakan sosial masyarakat Kampung Labaluba Desa Kontumere Kecamatan Kabawo Kabupaten Muna terbagi dua yaitu akibat positif dan akibat negatif.Kata Kunci: Gerakan Sosial, Factor dan Dampaknya ABSTRACT: The main issues in this study include the background of the social movement of Labaluba Village, Kontumere Village, Kabawo Sub-District, Muna District, Factors that encourage social movements of Labaluba Kampung Sub-village, Kontumere Village, Kabawo Sub-District, Muna District, the social movement process of Labaluba Village, Kontumere Village, Kabawo Sub-District Muna Regency and due to Labaluba community social movements Kontumere Village Kabawo District Muna Regency? The background of the Labaluba Kampung community social movement is that the condition of the village consists of only a few heads of households per village and the distance of each village makes it difficult for the community to communicate and each village only consists of five to seven households. This village is located east of the island of Muna stretching from the edge of the city of Raha now to the current village of Wakuru. This condition is also one of the factors causing the village to be less developed in the economic, social political, educational and cultural fields. This situation is made worse by the very primitive nature and character of the population. The factor that motivated the existence of the social movement of Labaluba Village in Kontumere Village, Kabawo Subdistrict, Muna Regency was the mismatch between the wishes of the local government and the people who inhabited Labaluba Village at that time. While the process of social movements in Labaluba Village, Kontumere Village, Kabawo District, Muna Regency began when the government seemed to impose its will on the people, causing the people to disagree with the policy. The consequences arising from the existence of social movements in Labaluba Village, Kontumere Village, Kabawo District, Muna Regency are divided into two, namely positive and negative effects. Keywords: Social Movements, Factors and their Impacts

scholarly journals PENERAPAN QANUN ACEH DI KOTA SUBULUSSALAM: Kajian Atas Qanun No. 12, 13 Dan 14 Tahun 2003

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Central Government ◽  
Field Research ◽  
Secondary Data ◽  
Research Field ◽  
Primary Data ◽  
Legislative Process ◽  
Islamic State ◽  
Political Consolidation

his Research proves that the implementation of Aceh Qanun No. 12, 13 and 14 Year 2003 on Khama r, M a i s i r , and Khalwat in Subulussalam is not completely worked well, because in addition to legal issues qanuns, most have efforts political consolidation of the central government and local government. This thesis supports and strengthens the conclusion Michail Buehrel in this article entitled “The Rise of Sharia by Laws in Indonesia District an Indication For Changing Patterns of Power Accumulation and Political Corruption ” (2008) who found the formulization of Islamic Law in the region is political consolidation instrument for exploring the local government, especially financially in building. Buehler did not even find a conservative movement in the imposition of Islamic Law in the area. This research also support M.B Hooker’s opinion in his work entitled Indonesian Syariah : Defining a National School of Islamic Law, (2008)which states that in legislative process of Islamic law in aceh. There are many obstacles and barriers , because the Sharia Law to be applied must necessarily correspond with the system national law, while the central government to add more breadth of autonomy for Aceh in the part of Islamic Law to legislate in the part of law qanuns jina>na>t . This thesis does not agree with the conclusion of Harold Crouch in his work The Recent Resurgence of Political Islam in Indonesia, “ Islam In Southeast Asi a: Analysing Recent Development” , ed. Anthony L. Smith, (Singapore: ISEAS, 2002) as saying that the barrage history of failure of Islamic parties in order to implement Islamic Law-making opportunities for the application of Islamic Law in Indonesia did not exist. Crouch’s opinion just say that the application of Islamic Law to be in the sense of establishing an Islamic State. Data obtained from field research (field research) with qualitative methods and approach the socio - legal - historical . The primary data of the document and the results wawancara and field observations. Primary data in the form of documents are: Law No. 44 In 1999, Law No. 18 of 2001, Law No. 11 In 2006, Qanun 5 In 2000, Qanun No. 12, 13, 14, 2003, Qanun 7 In 2013, Qanun 6 In 2014 and Qanun 8 Year 2014. The primary data in the form of interviews and observations sourced from: Office of Islamic Law (DSI), the Wilayatul Hisbah (WH), the Court Syar'iyah (MS), the Police, the Mufti Consultative Assembly (MPU), the Aceh Tradition Council (MAA). Secondary data in the form of: 1) the books on Islamic law, sociology and anthropology of law, the historical development of Islam in Indonesia; 2) journals and other scholarly works that examine the rules of Islamic law, the application of Islamic law, social and Community; 3) as well as other sources such relevant, scientific papers, websites, newspapers, magazines and others

scholarly journals EFEKTIVITAS PELAKSANAAN BEUT AL-QURAN BA’DA MAGHRIB DI KABUPATEN ACEH BESAR

2017 ◽  
Vol 17 (2) ◽  
pp. 179
Author(s):  
Azwir Azwir
Keyword(s):  
Local Government ◽  
Islamic Law ◽  
Local Environment ◽  
Muslim World ◽  
Purposive Sampling ◽  
Research Participants ◽  
School Aged Children ◽  
Young Learners ◽  
Program Strategy ◽  
The People

Learning the Quran is regarded as an essential activity in Muslim world in order to educate their young generations. However, in Aceh Besar district, many children and teenagers are not accustomed to reciting the Quran after the sunset prayer, but instead wandering around the street. Therefore, in 2012, the local government initiated a program of Beut al-Quran Ba’da Magrib in all villages in Aceh Besar district. This study attempted to figure out the effectiveness of the implementation of the program, strategy used, and impacts on the people in Aceh Besar. Held in Aceh Besar district, the study used cluster-based purposive sampling in Banda Safa, Lamcot, and Meunasah Karieng Lamlhom villages. The research participants were the Head of Islamic Law Office of Aceh Besar, teungku (Islamic teachers) of the program, santri (students) of the program, and community figures. In addition, the researcher had also collected some important documents reagrading this program. The data were collected by interview, observation, and documentation. The data were also triangulated. The findings indicated that the implementation of Beut al-Quran Ba’da Magrib program was not effective as expected. The strategy used was requiring school aged children to take part in the program. The impacts, however, were very good as the program has induced positive spirit of the young learners, as well as of the community and local environment. The positive impacts have encouraged other villages to implement similar programs. Nevertheless, there were still some obstacles that need to attention during the implementation of the program.

scholarly journals Pelaksanaan Pendaftaran Peralihan Hak atas Tanah Bekas Adat yang Belum Bersertifikat (Studi di Desa Ambit Kecamatan Waled Kabupaten Cirebon)

2021 ◽  
Vol 1 (2) ◽  
pp. 165-183
Author(s):  
Melatul Aliyah ◽  
Fifik Wiryani ◽  
Isdian Anggraeny
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Field Research ◽  
Land Registration ◽  
The People ◽  
The Government ◽  
Customary Land

This study aims to find out all procedures for the transfer of rights to ex-customary land that have not been certified along with the requirements that must be completed to register the transfer of rights to ex-customary land that has not been certified as well as to find out the problems faced by the people of Ambit Village related to the registration of the transfer of rights to land. former customs and solutions for their solutions. The research method used is field research with an empirical juridical approach that is based on field research and interviews and is adapted to legal conditions. The results of the study can be concluded that the registration of the transfer of rights to former customary land that has not been certified in Ambit Village has been carried out in accordance with the provisions of the government regulation of land registration No. 24 of 1997. There are several problems that arise in the process of registering the transfer of rights to former customary land that has not been certified, such as land parcels that are still in dispute and there is no proof of SPPT PBB payment from the previous owner. It can be concluded that the community must follow the procedure and register their land with complete required documents and pay taxes on time. Abstrak Penelitian ini bertujuan untuk mengetahui seluruh prosedur peralihan hak atas tanah bekas adat yang belum bersertifikat beserta persyaratan-persyaratan yang harus dilengkapi untuk mendaftarkan peralihan hak atas tanah bekas adat yang belum bersertifikat serta mengetahui permasalahan yang dihadapi oleh masyarakat Desa Ambit terkait dengan pendaftaran peralihan hak atas tanah bekas adat beserta solusi penyelesaiannya. Metode penelitian yang digunakan adalah penelitian lapangan dengan pendekatan yuridis empiris yang didasarkan pada penelitian lapangan dan wawancara serta disesuaikan dengan keadaan hukum. Hasil penelitian dapat disimpulkan bahwa Pelaksanaan pendaftaran peralihan hak atas tanah bekas adat yang belum bersertifikat di Desa Ambit telah dilaksanakan sesuai dengan ketentuan peraturan pemerintah pendaftaran tanah No. 24 Tahun 1997. Terdapat beberapa permasalahan yang timbul dalam proses pendaftaran peralihan hak atas tanah bekas adat yang belum bersertifikat seperti bidang tanah masih dalam keadaan sengketa serta tidak ada bukti pembayaran SPPT PBB dari pemilik sebelumnya. Dapat disimpulkan bahwa masyarakat harus mengikuti prosedur dan mandaftarkan tanahnya dengan dokumen persyaratan lengkap serta membayar pajak tepat waktu.

scholarly journals SANKSI HUKUM TERHADAP PELAKU TALAK DI LUAR PENGADILAN AGAMA

2018 ◽  
Vol 3 (1) ◽  
pp. 58-88
Author(s):  
Muhammad Yalis Shokhib
Keyword(s):  
Islamic Law ◽  
Field Research ◽  
Correct Choice ◽  
Deterrent Effect ◽  
Trial Court ◽  
Positive Law ◽  
Legal Sanctions ◽  
The Government ◽  
Two Sides ◽  
Research Type

Divorce out of court Religion is considered reasonable by some circles. But, actually that action is contrary to the Act No. 1 of 1974 article 39 that containing a moral message that divorce only be done in front of the Court of Session. Even in the article there is a clause of divorce mayhappen after the relevant Court attempted to reconcile the two sides. The researchers see the ambiguity based on need a new form of ijtihad gave rise to sanctions for perpetrators of Religious divorce out of court. The researcher using field research type because the research was did in the field. This research is descriptive, and the data sourceobtained from the results of interviews with academics positive law and academics Islamic law in Malang. The focus in this research are includes three ways, that are the position of the sanctions in the matter of divorce out of court Religion according to Islamic law, academics positive law view and Islamic academics law view in Malang, about divorce out of court sanction of religion. In this thesis, the researcher found the results of this research that is the sanctions law against divorce out of court Religion serves as reinforcement of laws and nas} in the Qur'an, it is as a deterrent so that doesn't happen as much divorce politico hated God. The researchers choosethe legal sanction is the correct choice to given to perpetrators of Religious divorce out of court, legal sanctions in the form of a prohibition to perform a new marriage. In addition to fine sanctions that are capable of inflicting deterrent effect to offenders of religious divorce, out of court, so that someone will do a divorce before the trial Court religion, and also obedient to the Administration that have been arrange by the government.

Government Supervision In Overcoming Problems Drinking Tuak At The Gunung Meriah Aceh

2021 ◽  
Vol 7 (3) ◽  
pp. 1313
Author(s):  
Khairuddin Khairuddin
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Islamic Law ◽  
Ordinary People ◽  
The People ◽  
Government Supervision ◽  
The Law ◽  
The Government ◽  
Depth Interviews

<div class="translate-tooltip-mtz hidden"><div class="header"><div class="header-controls"><em>The people of Gunung Meriah still find many addictions to drinks that can be intoxicating, such as drinking tuak. Therefore, this study aims to find out how the supervision of the government and the community in minimizing wine drinkers and sellers in Gunung Meriah District and Islamic views on the law of drinking tuak, as well as how to sanction those who drink it. To complete this research, the writer uses qualitative research. The techniques used in data collection are observation and in-depth interviews with informants. The result of the research shows that some of the people of Gunung Meriah like to drink tuak, both from officials and ordinary people. 25% of Mount Meriah people are addicted to this tuak drink, it is drunk on certain occasions such as parties or other days. The government does not pay much attention to the problem of tuak drinks, which can be seen from the lack of cases of drinkers and sellers of wine being appointed and given appropriate punishments, only a few people have reached the stage of punishment. Likewise, the community does not interfere too much in dealing with the problem of tuak drinkers and sellers, even though this problem is very serious. Drinking tuak, in the perspective of Islamic law, is a drink that is prohibited because it is intoxicating.</em></div></div><div class="controls"> </div></div>

Local Multiparty Democracy in Africa

2021 ◽  
pp. 92-116
Author(s):  
Nico Steytler
Keyword(s):  
Local Government ◽  
Local Governments ◽  
National Level ◽  
Ethnically Diverse ◽  
Local Democracy ◽  
African Countries ◽  
The People ◽  
National Leaders ◽  
The Government ◽  
Winner Takes All

This chapter argues that democratic local government embeds the culture of democracy at grassroots: as the government closest to the people, it establishes a culture of responsiveness, transparency, and accountability more readily and effectively than by holding national leaders to account. Local democracy can also be used strategically when a country seeks to move from an authoritarian or military regime to democracy. Furthermore, it provides space for political inclusivity—an argument with particular relevance in ethnically diverse societies, where a winner-takes-all paradigm of competition at the national level typically results in the marginalization of geographically concentrated losers. Finally, local government allows for experimentation in different forms of inclusive politics, be they representative or participatory. However, although most African countries have adopted decentralization policies, the dividends are meagre. Local government is but feebly equipped to play a democracy-constituting role: operating in a constrained constitutional environment, central governments have generally not allowed local governments the opportunity to hold regular free and fair elections and thereby play a role in democratization. Despite these findings, there is also some evidence that on occasion local democracy has indeed played such a role and thus enhanced democratic participation.

scholarly journals Mechanisms to improve citizen participation in government and its administration

2001 ◽  
Vol 4 (1) ◽  
pp. 216-233 ◽  
Author(s):  
D. J. Fourie
Keyword(s):  
South Africa ◽  
Civil Society ◽  
Local Government ◽  
Citizen Participation ◽  
Central Theme ◽  
The People ◽  
Problems And Solutions ◽  
The Government

Citizen participation on any level of government is timeless. The dynamics and the relationships of citizen participation on all levels are unique, due to the fact that many problems and solutions have their roots in the activities of local government and its administration. Furthermore the extension of democracy to all spheres of society and to all tiers of the administrative hierarchy, have been a central theme of the democratisation process in South Africa. The notion of "bringing the government to the people" is important, not only in strengthening civil society, but also in mobilising the population to implement the programmes of reconstruction and development necessary to transform the civil society.

The Separation of Powers in Local Government in Nigeria

1992 ◽  
Vol 36 (1) ◽  
pp. 43-51 ◽  
Author(s):  
K. S. A. Ebeku
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Community Development ◽  
Separation Of Powers ◽  
Community Action ◽  
Effective Control ◽  
Local Resources ◽  
The People ◽  
The Government ◽  
Democratic Nation

In a democratic nation, local government is the government of the people, by the people and for the people at the grassroots levels. That is, the government nearest or closest to the people. It is at the level of local government that community action in respect of community development programmes is most effective; it is also the level where democratic processes and decision-making by consensus are traditionally entrenched; where rivalries and tensions are reduced to a minimum; where local resources and patriotism are easily called to the service of the community; and, very importantly, where the people are normally confident of effective control of their own government.

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