scholarly journals FENOMENA TA‘ZI>R DI PESANTREN (Analisis Psikologis dan Kelembagaan terhadap Penerapan Ta‘zi>r)

Author(s):  
Mo'tasim Mo'tasim

<p><strong>Bahasa Indonesia:</strong></p><p>Adanya  <em>ta‘zi&gt;r </em>di pesantren merupakan  sanksi  yang  diterapkan  sebagai  ganjaran untuk santri yang melanggar aturan,  dalam  upanya  pencegahan  agar tidak terjadi pelanggaran yang sama. Penerapan <em>ta‘zi&gt;r</em> tentunya merupakan akibat dari perilaku santri yang tidak patuh terhadap apa yang ditetapkan di pesantren. Tulisan ini ditujukan untuk mengetahui adanya sejauh mana tindakan kekerasan anak dalam pendidikan di lembaga pesantren, dalam hal ini melalui <em>ta‘zi&gt;r. </em>Di samping itu, hal ini dapat menjadi pintu masuk terhadap penelitian-penelitian yang lain yang akan membidik cara solutif dalam mengurangi dan dapat dimungkinkan secara jangka panjang dapat menghilangkan bentuk-bentuk kekerasan dalam pondok pesantren. Hal demikian dapat dilakukan apabila sejumlah kalangan baik pengelola pesantren, orang tua, pemerintah dan tokoh pesantren memiliki pemahaman yang memadai tentang hak anak (santri) untuk mendapatkan hak pendidikannya dengan cara yang humanis. Hal itu tidak terlepas dari filosofi pendidikan yang menempatkan anak didik (dalam hal ini santri) sebagai subjek pendidikan.</p><p> </p><p>English:</p><p><em>Ta‘zi&gt;r</em><em> </em>is a sanction<em> </em>imposed as a punishment for students who violate the rules which are stipulated in the pesantren. It aims to discourage students from doing the violation. This paper investigates the violence committed or so-called <em>ta‘zi&gt;r</em> in the process of education at Islamic boarding institutions. Furthermore, it can be a fruitful area of conducting further researches on revealing the appropriate ways to reduce violence in education and to eliminate any forms of violence in the boarding school. However, to ameliorate the practice of violence in the boarding school can be achieved by supports from a number of people, including the boarding school managers, parents, the government, and Islamic scholars who have sufficient understanding of the students’ rights to gain the right education which adheres to humanistic principles. This definitely goes hand in hand with the education philosophy which regards students i.e. Islamic students as the education target.</p>

Author(s):  
Mo'tasim Mo'tasim

<p><strong>Bahasa Indonesia:</strong></p><p>Adanya  <em>ta‘zi&gt;r </em>di pesantren merupakan  sanksi  yang  diterapkan  sebagai  ganjaran untuk santri yang melanggar aturan,  dalam  upanya  pencegahan  agar tidak terjadi pelanggaran yang sama. Penerapan <em>ta‘zi&gt;r</em> tentunya merupakan akibat dari perilaku santri yang tidak patuh terhadap apa yang ditetapkan di pesantren. Tulisan ini ditujukan untuk mengetahui adanya sejauh mana tindakan kekerasan anak dalam pendidikan di lembaga pesantren, dalam hal ini melalui <em>ta‘zi&gt;r. </em>Di samping itu, hal ini dapat menjadi pintu masuk terhadap penelitian-penelitian yang lain yang akan membidik cara solutif dalam mengurangi dan dapat dimungkinkan secara jangka panjang dapat menghilangkan bentuk-bentuk kekerasan dalam pondok pesantren. Hal demikian dapat dilakukan apabila sejumlah kalangan baik pengelola pesantren, orang tua, pemerintah dan tokoh pesantren memiliki pemahaman yang memadai tentang hak anak (santri) untuk mendapatkan hak pendidikannya dengan cara yang humanis. Hal itu tidak terlepas dari filosofi pendidikan yang menempatkan anak didik (dalam hal ini santri) sebagai subjek pendidikan.</p><p> </p><p>English:</p><p><em>Ta‘zi&gt;r</em><em> </em>is a sanction<em> </em>imposed as a punishment for students who violate the rules which are stipulated in the pesantren. It aims to discourage students from doing the violation. This paper investigates the violence committed or so-called <em>ta‘zi&gt;r</em> in the process of education at Islamic boarding institutions. Furthermore, it can be a fruitful area of conducting further researches on revealing the appropriate ways to reduce violence in education and to eliminate any forms of violence in the boarding school. However, to ameliorate the practice of violence in the boarding school can be achieved by supports from a number of people, including the boarding school managers, parents, the government, and Islamic scholars who have sufficient understanding of the students’ rights to gain the right education which adheres to humanistic principles. This definitely goes hand in hand with the education philosophy which regards students i.e. Islamic students as the education target.</p>


Fenomena ◽  
2019 ◽  
Vol 18 (1) ◽  
pp. 31-46
Author(s):  
Hauli Haikal ◽  
Azwar Habibi

Radicalism is an understanding or sect which wants social and political renewal with violence wrapped of terrorism in physical and non-physical forms. Radicalism is an organized movement, a large international network that chooses productive age (17-40 years old) as regeneration cadres. The existence of radicalism brings hardline organi-zations to have an exclusive, rigid and ghallun character, this is the result of a formalistic and literal attitude in interpreting the Qur'an and al-Hadist, make decisions of local Islamic traditions as bid'ah, kafir and haram which must be eradicated. The focus of this study is as follows: what is the category of radicalism based on the classification of PP al-Bidayah Jember and PP Sayyid Muhammad Alawi al-Maliki Bondowoso from kyai, administrators and santri, what is the attitude used, what efforts are made by kyai,, the management and santri in stemming radicalism and how the kyai hope, the management and santri towards the government in resolving terrorists. The research method uses applied research based on practical reasons, curious, and has a purpose to do something more effective and efficient. Selain itu, juga menggunakan penelitian lapangan dan studi kasus. In addition, it also uses field research and case studies. PP al-Bidayah Jember and PP Sayyid Muhammad Alawi al-Maliki Bondowoso as educational institutions that have ahlussunnah wal jama'ah ideology has obliged to maintain and preserve the legacy of saints ideology, spreaders of Islam, in Indonesia. The category of radical Islam according to kyai and santri of the Islamic boarding school PP al-Bidayah Jember and the PP Sayyid Muhammad Alawi al-Maliki Bondowoso are: based on the thought that interprets the Qur'an and al-Hadist literally, based on actions that justify violence in the name of God, and based on symbolic physicality, such the using of flags, shorts, robes, beards and veils. The attitude of kyai, administrators and santri of PP al-Bidayah Jember and PP Sayyid Muhammad Alawi al-Maliki Bondowoso towards radical Islam are passive if only physically symbolic, tolerant of thinking because adheres of particular religion is the right of every citizen, criticize if the understanding of Islamic radicalism is disturbing the community. The strategy of kyai, administrators and santri in preventing the Islamic radicalism through scientific approaches, the preservation of traditions and Islamic culture, development of cultural and structural networks, submission to the authorities. The hope of kyai, administrators and santri towards the government about radicalism includes instrumental, cultural and structural aspects.


Law Review ◽  
2021 ◽  
pp. 323
Author(s):  
Cynthia Phillo ◽  
Hessa Arteja ◽  
M Faiz Rizqi

<p><em>Children as the forerunners of the successor to the future Indonesia nation make children individuals who become priorities in holding the right to education. The law itself has governed the rights that a child must have, including the right to get a proper education. Due to the COVID-19 Pandemic, the government finds it difficult in providing legal protection for a proper education rights of children. By using normative legal method, this paper will explain how the legal protection of children’s rights  over education during the COVID-19 Pandemic that’s happening and how the government’s role is in fulfilling childern’s rights in getitng an education.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Anak sebagai cikal bakal penerus bangsa Indonesia menjadikan anak sebagai individu yang menjadi prioritas dalam memegang hak pendidikan. Undang-undang sendiri telah mengatur tentang hak-hak yang harus diteirma oleh anak, termasuk hak dalam pendidikan. Karena Pandemi COVID-19 yang terjadi, menambah kesulitan bagi pemerintah untuk memberikan perilundungan hukum bagi hak anak atas pendidikan. Dengan menggunakan penelitian hukum normatif, tulisan ini akan menjelaskan bagaimana perlindungan hukum hak anak atas pendidikan pada masa Pandemi COVID-19 yang sedang tejadi dan bagaimana peran negara dalam memenuhi hak anak dalam mendapat pendidikan.</p>


2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Olga Sedykh

Analyzing the prerequisites and conceptual basics of orphaned childrens social dependency, one can note that the phenomenon «social dependency», as it is, has a long history and gained the greatest momentum during the golden age of the national economic possibilities. In terms of the national history it was inherent to the development period of the paternalistic model of social welfare. All segments of the population are subject to influence of parasitism, yet we consider the orphanage as a specific subject of social dependency and come to the conclusion that such a negative form of orphans behavior is shaped in the process of their entire life-sustaining activity as affected by certain personal qualities in terms of deprivation and boarding-school environment. The more the number of orphans, the more obligations arise for the government in implementing their social guarantees. The article analyzes the rights of the orphaned children. The orphaned childrens priority right if the right to housing, as one of the most important problems that the foster children of orphanage houses and the children without parental support face, is the problem of housing provision. The housing problems of orphaned children are rather difficult to solve without presence of sufficient amount of financing. The article shows the mechanism of control and moderation of social dependency brought to life by this right. By analyzing the ways of implementing the housing rights of the orphaned children and the children without parental support, as well as the persons of those involved at the governmental level, the article offers a possible way of attracting business representatives to solving this problem. In order to make the business interested in participation in solving the societys social problems, the government must create certain socio-economic conditions that would contribute to stimulating the business in providing highly-demanded social welfare and services.


2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover


Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini


2020 ◽  
Vol 3 (2) ◽  
pp. 117-132
Author(s):  
Betha Rahmasari

This article aims to find out the developmentidea or paradigm through village financial management based on Law Number 6 of 2014 concerning Villages. In this study, the researcher used a normative research methodby examining the village regulations in depth. Primary legal materials are authoritatuve legal materials in the form of laws and regulations. Village dependence is the most obvious violence against village income or financial sources. Various financial assistance from the government has made the village dependent on financial sources from the government. The use of regional development funds is intended to support activities in the management of Regional Development organizations. Therefore, development funds should be managed properly and smoothly, as well as can be used effectively to increase the people economy in the regions. This research shows that the law was made to regulate and support the development of local economic potential as well as the sustainable use of natural resources and the environment, and that the village community has the right to obtain information and monitor the planning and implementation of village development.


2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.


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