scholarly journals Revitalisasi hukum waris Islam dalam penyelesaian kasus sengketa tanah waris pada masyarakat Sasak

2019 ◽  
Vol 19 (1) ◽  
pp. 67-88
Author(s):  
Lalu Supriadi Bin Mujib

The inheritance issue is considered crucial to evaluate since it is closely related to inheritance transfer from the deceased to the living family and death is natural and common phenomenon. This research aims to investigate the inheritance legal system, the factors influencing the land dispute cases and the revitalization of Islamic legal system to reach a settlement of this land dispute issues. This field research employs qualitative approach using field and library research with socio-legal approach. The research data is categorized into two, primary and secondary data. The data was obtained using observation technique, interview, and doccumentation. The results indicate that: First, the distribution of inheritance land is conducted in different ways such as grants,, discussion, and faraid. Second, the factors influencing the land dispute cases are greed and lack of information about inheritance legal system, so the society do not know the legal system related to the inheritance. Third, revitalization is important because it is ruled out in Islamic teachings and is considered absolute for Islam society. This research conludes that Islamic Inheritance legal system is the best alternative to reach a settlement of land disputes in Sasak community.   

2020 ◽  
Vol 2 (2) ◽  
pp. 99-110
Author(s):  
Zahran Rafid ◽  
Hardianti Yusuf

AbstractThis study discusses the role of officials maker of the waqf pledge deed to prevent the occurrence of waqf land disputes, which occurred in the Tanete Riattang Barat District Area. This research uses mixed methods, namely library research and field research. Data was collected through direct interviews with informants PPAIW, namely the Head of Religious Affairs Office (KUA) and the public who were aware of the waqf land dispute in the Tanete Riattang Barat District Area.The results showed the role of PPAIW in preventing the occurrence of waqf land disputes was very important. Therefore, PPAIW was tasked to make the waqf pledge deed and the waqf land certificate. With the deed and certificate, it would narrow the chances of a waqf land dispute. Besides making endowment pledges and endowment land certificates, the next step was to bring the two disputing parties together and provide an understanding of the disputed waqf land and show the evidence that had been made by PPAIW itself.Keywords : Certificate Waqf; Deed Pledge of Waqf; Officials Maker of the Waqf Pledge Deed (PPAIW).


Author(s):  
Rahmatun Ulfa

This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.


Author(s):  
E. Nita Prianti ◽  
Khristina Sri Prihatin

Based on the fact that there is no end to the problems of education that occur in our country even though the government has worked hard to change it. The irrelevance between expectations, the process and the results achieved in education. Thus there are certainly other factors, one of which is the willingness or interest of students towards learning. The purpose of this study is 1) To find out how much the students' willingness to learn in improving the intellectual intelligence of students of SD Negeri Pandeglang district. 2) To find out the factors and efforts to improve the intellectual intelligence of students of SD Negeri Pandeglang district. The method used in this research is descriptive method with a qualitative approach. While the data source was obtained through informants as research subjects using data collection techniques in library research and field research (research locations) by observing, documenting, interviewing guidelines for several informants namely students, teachers (SD) in the State of Pandeglang Regency. Then the data is analyzed correctly. The data obtained from the results of the study is that students 'interest in learning to improve students' intellectual intelligence in the area of ​​Pandeglang Regency cannot be categorized well. This can be proven from the findings of researchers that students of the SD Negeri Pandeglang Regency will their interest in learning only reach 50%. From 4 schools based on the results of research data, with a low willingness to learn so that 32.18% of students cannot read and write.


ISLAMIKA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 1-11
Author(s):  
Ade Jamarudin ◽  
Ofa Ch Pudin

Ijarah is a contract on the transfer of goods or services with rewards instead. Ijarah based transactions with the displacement benefit (rights to), not transfer of ownership (property rights), there ijara financing translates as buying and selling services (wages hired), that take advantage of human power, there is also a translate lease, which take advantage of goods. Application ijarah growing financial institutions in the current Shari'ah is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the products in Islamic finance. Application ijarah emerging financial institutions shari'ah 'ah at the moment that is happening on the leasing company (financial institution based on Islamic teachings, as well as Islamic banking is one of the Islamic financing products). This research is a library research (library research) and field research (field research), and is descriptive, analytic and comparative. Data sources used in this study are sourced from primary and secondary data. Ijarah transactions are based on the transfer of benefits (use rights), not the transfer of ownership (ownership rights), some translate ijarah financing as the sale and purchase of services (wage wages), i.e., taking the benefits of human labor


2019 ◽  
Vol 6 (1) ◽  
pp. 35-55
Author(s):  
Abdur Rakib

This research basically is to find the position of ‘urf as one of the theories that can provide legal changes in an authoritative-inclusive way to fiqh in the word khalwat in the definitive aspects of syar'iyyah in relation to culture of riding with fiancees in the Madura area. As an external consideration in cultural studies, ‘urf is one of the continuous theories with the discussion of adat to determine law in an authoritative-inclusive manner. In this study using a type of field research (field research) because it involves empirical data that views law as a set of behaviors, actions, and reality. In addition, also library research (library research) to obtain data about a norm while reviewing theories with a qualitative approach because it cannot be obtained by mathematical or numerical statistical procedures, so that it can contain about people's lives (culture), history, ethics, social movements , or family system. From the process of analyzing the meaning of khalwat using the theory of ma'na al-haml with the consideration of 'urf in which there are several elements of maslahat, this study concludes that' urf can change the position of Islamic law by combining consideration of several conditions through the process of changing meaning used in redefining the word khalwat. So as to enable culture to be engaged during the engagement period as happened in the Sumenep and Madura communities in general as a consideration of ‘valid urf. Keywords: Relationship in Engagement, ‘Urf, and Madura.


Author(s):  
Sulaiman Sulaiman ◽  
Muzakir Muzakir ◽  
Ema Syithah ◽  
Baharuddin Baharuddin ◽  
Ainon Mardhiah

The purpose of this study was to look at the factor of increasing divorce rates in the city of Sabang. This research integrates library research and field research using a qualitative approach. This study uses. descriptive method of analysis The highest results of the study showed that the factor of increasing divorce in Sabang City was caused by; first, continuous disputes and disputes amounted to 80 cases, secondly, leaving one party numbered 38 cases, third, economic (family needs not met) as many as 9 cases, fourth, domestic violence in 5 cases, and fifth, sentenced to imprisonment ( involved in the use of narcotics) totaling 4 cases, the data is the data of the last three years. Whereas prevention efforts to avoid divorce are carried out by conducting marriage counseling conducted by the Office of Religious Affairs in the Sabang City area, at least one week before the implementation of the marriage contract, this guidance activity is mandatory for couples to marry, besides the Shari'ah Court of Sabang also conducted mediation with every party who filed a divorce or divorce divorce, out of the 63 cases of mediation cases that entered, only 5 cases of mediation were successfully mediated in the last three years and if the mediation attempt was unsuccessful a register was held to proceed to the trial stage.


2016 ◽  
Vol 16 (1) ◽  
pp. 27
Author(s):  
Mohd Din ◽  
Ida Keumala Jeumpa ◽  
Nursiti Nursiti

This research aimed to study how the party`s accountability for offences committed by legislative candidates. What action that taken by a party of electoral violations and whether the party can be charged for. In the doctrine of Criminal Law known by criminal responsibility related to offenders, and in progress subject to criminal law, not only individual but institution or agency or corporation/firms. So, they should be responsible for it. It was a normative legal research, studying the principles of law related to criminal responsibility. Collecting data were done by two stages that were literature and field research. The first aimed to obtain secondary data namely, law material ;primary, secondary and tertiary. And then, the second, collecting data with an in-depth interview with certain key informant. It used a qualitative method.The result showed that party never asked for their responsibility related to offences by legislative candidates who committed election crime because the act did not rule it. The party had not take action associated with offences were done by them. Politic party as cooperation/firms ideally should take account to candidates who conducted the crime. It was a necessary regulation that managed its accountability as in cooperation. Besides, the party should give politics education and strict sanctions to them who did despicable manners. Key words: accountability, party, election of criminal act, legislative ABSTRAK Penelitian ini dimaksudkan untuk mengkaji bagaimana pertanggungjawaban partai terhadap pelanggaran yang dilakukan oleh Calon Anggota Legislatif, Apa tindakan yang diambil oleh partai terhadap pelanggaran pemilu yang dilakukan oleh Calon Anggota  Legislatif dan apakah  partai dapat dipersalahkan terhadap pelanggaran yang dilakukan oleh Calon Anggota legislatif. Hal ini dilatarbelakangi oleh karena di dalam doktrin hukum pidana dikenal adanya pertanggungjawaban pidana yang dikaitkan dengan pelaku, dan dalam perkembangannya subyek hukum pidana bukan hanya orang perorangan, malainkan juga suatu badan atau korporasi. Sehingga yang dapat dimintai pertanggungjawaban adalah juga suatu badan atau korporasi. Penelitian ini merupakan penelitian hukum normatif, yang mengkaji asas hukum yang terkait dengan pertanggungjawaban pidana, namun demikian diperlukan data lapangan sebagai pelengkap. Pengumpulan data dilakukan melalui dua tahap yaitu penelitian kepustakaan dan penelitian lapangan. Penelitian Kepustakaan (library research), untuk memperoleh data sekunder  berupa bahan hukum; primer, sekunder dan tertier. Penelitian lapangan dilakukan dengan cara wawancara mendalam (deptintevew) dengan narasumber yang ditentukan. Data yang terkumpul baik dari hasil penelitian lapangan maupun dari penelitian kepustakaan dianalisis dengan menggunakan metode kualitatif. Hasil penelitian menunjukkan bahwa Partai tidak pernah dimintai pertanggungjawaban sehubungan dengan pelanggaran yang dilakukan oleh calon anggota legislatif yang melakukan tindak pidana Pemilu, karena Undang-undang  tidak mengatur pertanggungjawaban Partai terhadap tindak pidana yang dilakukan oleh calon anggota ligeslatif. Partai tidak pernah melakukan tindakan terkait dengan calon legislatif yang melakukan pelanggaran. Partai Politik sebagai Korporasi idealnya juga harus bertanggungjawab terhadap tindak pidana yang dilakukan oleh calon anggota legislatif. Diperlukan regulasi  yang mengatur pertanggungjawaban partai terhadap tindak pidana yang dilakukan oleh Calon anggota legislatif sebagaimana pertanggungjawaban dalam tindak pidana korporasi. Di samping itu, hendaknya partai melakukan pendidikan politik kepada anggotanya dan memberikan sanksi tegas kepada anggota partai politik yang merlakukan perbuatan yang tercela. Kata Kunci: Tindak pidana Pemilu


2021 ◽  
Vol 5 (1) ◽  
pp. 51
Author(s):  
Muhamad Afandi

This study aims to discuss and see the evaluation of entrepreneurship education in elementary schools / madrasah ibtidaiyah. Elementary schools and madrasah ibtidaiyah that have implemented entrepreneurship education that can be used as references include: SD Entrepreneur Muslim Alif-A Piyungan Yogyakarta, SD IT Alam Harum Purbalingga, and MI Terpadu Qurrota A'yun Ponorogo. This research uses a qualitative approach. This type of research data is qualitative data and the data source is secondary data. While the data method used is library research (library research). Data analysis techniques through data reduction, data display, and withdrawal from the literature study conducted. Meanwhile, to check the validity of the data using triangulation of data sources. The results of this study explain that, the implementation of Entrepreneurship Education in elementary schools / madrasah ibtidaiyah can be carried out in three stages, namely: (1) The planning stage, including: formulation of program objectives, program vision and mission of entrepreneurship education, material which then incorporates educational values. entrepreneurship that will be developed in the Learning Implementation Plan; (2) Implementation stage, including: class, entrepreneurship, integrated with subjects, self-development activities, school culture; and (3) The evaluation phase, including entrepreneurial education activities based on entrepreneurial values that have been internalized and implemented in the behavior seen in the activities of students at school.


2016 ◽  
Vol 2 (3) ◽  
pp. 22-29
Author(s):  
Salamiah Salamiah ◽  
Rosalina Kumalawati

Floods are natural disasters that frequently hit several developed and developing countries including Indonesia every wet season. Floods also occur in agricultural lands. The purpose of this study was to map the agricultural lands in flood hazard areas in Hulu Sungai Tengah Regency, South Kalimantan Province. Data collecting methods used were field research and literature (library research). Data were analyzed using quantitative and qualitative approaches (mixed methods), with the techniques of scoring, SWOT, and spatial analysis (ArcView 3.2 software). Flood hazard levels of most areas in Hulu Sungai Tengah were categorized into no hazard (957.36 km2), low hazard (243.82 km2), medium hazard (455.01 km2), and high hazard (114.91 km2). The use of agricultural lands for rice fields in Hulu Sungai Tengah were located in all subdistricts and flood hazard areas.


Author(s):  
Mirza Rahmatillah ◽  
Ridwan Nurdin

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.


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