scholarly journals Profit Sharing Agreement of Agriculture Land Using Pusako Land in Nagari Durian River Padang Pariaman District

2019 ◽  
Vol 6 (5) ◽  
pp. 212
Author(s):  
Ade Mai Charly ◽  
Kurnia Warman ◽  
Zefrizal Nurdin
Keyword(s):  
Profit Sharing ◽  
Customary Law ◽  
Verbal Form ◽  
For Profit ◽  
Agriculture Land ◽  
Production Sharing ◽  
The People ◽  
Written Form ◽  
The Right ◽  
Made In

The agreement for profit sharing carried out in Nagari Sungai Durian, Padang Pariaman district is to implement a profit sharing agreement in verbal form based on agreement between landowners and cultivators, and trust between landowners and cultivators. based on Production Sharing Agreements rules in Indonesia, form of agreement for profit sharing must be in written form. the form of the agreement made in Nagari Sungai Durian Padang Pariaman Regency is in the form of oral because the production sharing agreement made verbally has been done hereditary and has become a habit by the people in Nagari. The right of the landowner is to accept the distribution of land yields in accordance with the agreement of the parties, while the obligation of the landowner is to surrender the land to the cultivator, and the right of the cultivator is to accept the distribution of land according to the agreement. the land he cultivated well for the landowner. Production sharing agreements made orally in Nagari Sungai, Padang Pariaman Regency are invalid because the agreement does not meet the nature of customary law, which is concrete and does not fulfill Law Number 2 of 1960 concerning production sharing agreements contained in article 3 paragraph (1) which states , the profit sharing agreement must be in written form and there must be two witnesses between the two parties

scholarly journals Keberadaan Bank Syariah dalam Tata Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 45
Author(s):  
Aristoni Aristoni
Keyword(s):  
Profit Sharing ◽  
Islamic Banks ◽  
Legal Basis ◽  
Religious Motivation ◽  
Public Funds ◽  
For Profit ◽  
The People ◽  
Banking Business ◽  
History Of ◽  
Principles Of Justice

<p>The presence of Islamic banks operating on a profit sharing system is the beginning of the history of the growth of Islamic banks in Indonesia as an effort to meet the needs of the people who want banking products and services that are not interest-based, and are not speculative or not violating the principles of justice and togetherness. In addition, the birth of Islamic banks is also an opportunity for Muslims to use to relate calmly without hesitation because it is based on strong religious motivation in mobilizing public funds to finance economic development towards the welfare of many people. The existence of Islamic banks in the national legal system has a strong foothold after the enactment of Law Number 7 of 1992 concerning Banking which has substantially regulated banking business activities that have an operational basis for profit sharing. Provisions for profit sharing contained in these laws and regulations have been used as the legal basis for the operation of Islamic banks in Indonesia.<em> </em></p>

scholarly journals PERIBAHASA BAHASA REJANG

2017 ◽  
Vol 3 (2) ◽  
pp. 235-247
Author(s):  
Indah Pujiastuti
Keyword(s):  
Content Analysis ◽  
Qualitative Approach ◽  
Customary Law ◽  
Oral Literature ◽  
Social Fabric ◽  
Social Community ◽  
The People ◽  
The Social ◽  
Written Form ◽  
Descriptive Method

AbstrakPeribahasa merupakan ungkapan tradisional yang menjadi bagian dari sastra lisan. Di Masyarakat Rejang, peribahasa tersebut dimunculkan secara lisan di acara adat seperti pernikahan dan dimunculkan dalam peraturan adat Rejang. Penelitian ini bertujuan untuk mendeskripsikan peribahasa dari Msayarakat Rejang khususnya masyarakat Kabupaten Rejang Lebong. Peribahasa tersebut dideskripsikan dari aturan adat yang sudah direkam dalam bentuk tulis yaitu Kelpeak Ukum Adat (Hukum Adat Rejang). Penelitian ini juga untuk mengetahui fungsi dari peribahasa tersebut. Penelitian ini menggunakan pendekatan kualitatif dengan metode deskriptif yang bersumber dari hukum adat Rejang yaitu Kelpeak Ukum Adat Ngen Riyan Ca’o Kutei Jang yang memuat tentang tata cara bermasyarakat, hak dan kewajiban masyarakat, adat pernikahan, warisan, tarian, kepemimpinan, busana, bahasa, dan tulisan. Penelitian ini menitikberatkan pada analisis dokumen. Hasil yang didapatkan, bahwa 29 peribahasa yang ditemukan dalam hukum adat tersebut membahas tentang tatanan hidup masyarakat Rejang. Peribahasa tersebut berfungsi sebagai nasihat, larangan, teguran, pengajaran, gambaran tatanan sosial bermasyarakat. Kata Kunci: Peribahasa, Suku Rejang, Hukum Adat  AbstractProverbs are traditional expressions that are part of oral literature. In Rejang Community, the proverb was raised orally in traditional events such as weddings and raised in the Rejang customary law. This study aims to describe the proverbs of Msayarakat Rejang, especially the people of Rejang Lebong Regency. The proverb is described from customary rules that have been recorded in written form of Kelpeak Ukum Adat (Custom Rejang Law). This research is also to know the function of the proverb. This research used qualitative approach with descriptive method that comed from customary law of Rejang namely Kelpeak Ukum Adat Ngen Riyan Ca’o Kutei Jang which contains about social, community and rights, customs, and writing. This study focused on content analysis. The results obtained, that the 29 proverbs found in the customary law is about the life order of the Rejang community. These proverbs serve as advice, prohibitions, admonitions, teachings, images of the social fabric of society. Keywords: Proverb, Rejang Community, Customary Law

scholarly journals KONSEP HUKUM PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL DALAM PERSPEKTIF HAK MENGUASAI NEGARA

Yurispruden ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 93
Author(s):  
Diyan Isnaeni
Keyword(s):  
Road Construction ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Legal Concept ◽  
Toll Road ◽  
The People ◽  
Road Development ◽  
The Government ◽  
The Right

ABSTRACT Problems faced by the government in the implementation of development include the issue of providing land for development itself, including the acquisition of land for toll road construction. because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. To acquire land for toll road development by the government by freeing people's land, both controlled by customary law, and other rights attached to it. In implementing Law Number 2 of 2012 as a juridical basis, the government carrying out land acquisition for toll road construction often creates problems both juridical and empirical.The legal concept of land acquisition for toll road development in the perspective of the right to control the state, must be returned to the nature of the public interest and the nature of the state's right to control for the greatest prosperity of the people by continuing to create development based on humanitarian principles, meaning that it must continue to prioritize and pay attention to private rights which constitute constitutional rights of the people. Keywords: Land Procurement, toll road construction   ABSTRAK Permasalahan yang dihadapi oleh pemerintah dalam pelaksanaan pembangunan diantaranya adalah masalah penyediaan tanah untuk pembangunan itu sendiri, termasuk pengadaan tanah untuk pembangunan jalan tol.  karena tanah negara yang dikuasai langsung oleh negara terbatas atau dapat dikatakan hampir tidak ada lagi. Untuk memperoleh tanah untuk pembangunan jalan tol oleh pemerintah dengan membebaskan tanah milik rakyat, baik yang dikuasai oleh hukum adat, maupun hak-hak lainnya yang melekat diatasnya. Dalam implementasinya Undang-Undang Nomor 2 Tahun 2012 sebagai landasan yuridis pemerintah melaksanakan pengadaan tanah untuk pembangunan jalan tol  sering menimbulkan permasalahan baik secara yuridis maupun empiris.Konsep hukum pengadaan tanah untuk pembangunan jalan tol dalam perspektif hak menguasai negara, harus dikembalikan pada hakekat kepentingan umum dan hakekat hak menguasai negara yaitu untuk sebesar-besar kemakmuran rakyat dengan tetap menciptakan pembangunan yang berlandaskan asas kemanusiaan artinya harus tetap  memprioritaskan dan memperhatikan hak privat yang merupakan hak konstitusional rakyat. Kata Kunci: Pengadaan Tanah, pembangunan jalan tol

scholarly journals IMPLEMENTASI GADAI TANAH DAN ATAU TANAH SECARA SYARIAH DI DESA CIBEUREUM KALONG KECAMATAN DRAMAGA KABUPATEN BOGOR JAWA BARAT

2019 ◽  
Vol 12 (1) ◽  
pp. 27
Author(s):  
Rahmayanti Kiram ◽  
Ibdalsyah Ibdalsyah ◽  
Sutisna Sutisna
Keyword(s):  
Rice Field ◽  
Profit Sharing ◽  
Qualitative Approach ◽  
Customary Law ◽  
Community Based ◽  
The People ◽  
Approach Method ◽  
Almost All ◽  
The Village ◽  
Formulation Of Problems

The practice of pledge in Indonesian society is already a universal sociological phenomenon and occurs in almost all regions and develops from generation to generation. Similarly, in Bogor community in general and in particular the community of Cibeureum Kalong Village Bogor District, pawn is a common thing as well as a tradition from generation to generation that is often done by the people of the village. The practice of pledge that has been running without proof of documents, they carry out such mortgage transaction is only based on trust. Based on the formulation of problems and research objectives, the approach method used is a qualitative approach. The method used is between qualitative methods. Using qualitative research methods, qualitative descriptions of existing institutions exist within the community. Based on the research that the implementation of rice field ladang in the village of Cibeureum Kalong Sukawening Bogor district is still mostly done with customary law and pawnshops are not perfectly implemented, because in pawn transaction that has not been using the contract, they only use the contract verbally if any the proof is only a receipt, and there is no term period. As for the utilization of mahrum or collateral goods there is no profit sharing

scholarly journals Kemerdekaan Berfikir dalam Hak Asasi Manusia dan Islam

2013 ◽  
Vol 3 (2) ◽  
pp. 241-259
Author(s):  
Arif Wijaya
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Freedom Of Expression ◽  
Human Reason ◽  
The People ◽  
Written Form ◽  
Body And Soul ◽  
The Right ◽  
No Innovation

Abstract: In Islam, reason is put on the most honor place and make it as one of the valuable means to realize the exixtance of God. It is inevitable that some of the Islamic teachings are mobilizing sense, opening mind, and opening human reason, body and soul. Islam does not like the people who do not use their minds, the people whose minds are bound by beliefs and isms that are not based on a correct basis. The independence of thinking can reinforce and strengthen the faith, humility 'and awareness of the greatness of Allah. Independence of thinking is quite important. Because without it, there would be no innovation and creativity. After 68 years of Indonesian’s independence politically, independence of thinking is something that needs to be realized. Without freedom of thinking and social justice, the so called independence is just imaging. Independence of thinking is a golden bridge towards a common welfare. Independence of thinking and freedom of expression are the right of every citizen to express their thoughts orally and in a written form freely in accordance with the provisions of the legislation in force.Keywords: Freedom of thinking, politics, human rights, Islam

Nowhere to Go and No Way to Get There: Congressional Relations in the Early Bush Administration

1989 ◽  
Vol 2 (3) ◽  
pp. 1-4 ◽  
Author(s):  
George C. Edwards
Keyword(s):  
Effective Means ◽  
Bush Administration ◽  
Two Dimensions ◽  
First Year ◽  
Policy Initiatives ◽  
George Bush ◽  
The People ◽  
Strategic Position ◽  
The Right ◽  
Made In

The transition and the president's first year in office is the most important period for establishing the tone and character of the White House's relationship with Congress. It is the time of closest scrutiny and the greatest vulnerability to making major mistakes. Taking the right steps early and avoiding errors can lay in the foundation for a productive working relationship. Actions taken in this period create lasting impressions. According to Max Friedersdorf, the “enemies and mistakes made in the first week will dog a President throughout his term in office.” Stuart Eizenstat adds, “I don't think Carter's image ever recovered from some of those early mistakes.”This essay examines George Bush's relations with Congress early in his term. First I focus on the context in which the new president is operating to explore the opportunities and constraints present in his environment. Then I assess the primary components of his legislative strategy.When George Bush took the oath of office on January 20, 1989, he was already fighting an uphill battle in his relations with Congress. He began his tenure with one of the worst strategic positions of any newly-elected president in our history. There are two dimensions of his strategic position that bear examination: his leadership resources and his leeway in taking policy initiatives.New presidents traditionally claim a mandate from the people, because the most effective means of setting the terms of debate and overcoming opposition is the perception of an electoral mandate, an impression that the voters want to see the winner's programs implemented. Indeed, major changes in policy, as in 1933, 1965, and 1981, virtually never occur in the absence of such perceptions.

scholarly journals Evaluating the open admission practice in vocational colleges (Kirklareli University case)

2019 ◽  
Vol 16 (1) ◽  
pp. 205 ◽  
Author(s):  
Işıl Tüzün Arpacıoğlu ◽  
Ertuğ Can ◽  
Fatma Oya Aktaş
Keyword(s):  
Associate Degree ◽  
Positive Development ◽  
Quality Of Education ◽  
Open Admission ◽  
Written Form ◽  
Research Findings ◽  
Vocational Colleges ◽  
The Right ◽  
Made In

With a regulation made in 2001, vocational and technical secondary education graduates were given the right to enroll to vocational colleges without taking the national central exam. However, this regulation was repealed in 2016. If the students are placed in an associate degree program in the same field, additional points are added to the points gained from central examination. The purpose of this research is to evaluate the open admission practice which had been going on for more than fifteen years and the abolition of this practice according to the opinions of the academics who work in vocational colleges of Kirklareli University. The data of the research were collected with the help of four open ended questions in written form, with the qualitative research method. The abolition of the open admission practice is evaluated as a positive development by academic stuff of Kirklareli University, in terms of the quality of education and employability. The research findings show that eliminating the open admission practice is a positive practice. According to the findings of the study, was evaluated positively the removal of the open admission practice. Inter-agency cooperation on the issue can be useful.

scholarly journals The Profit-Sharing System Between Landowners and Cultivators of Tobacco : Islamic Economic Law Perspective

2021 ◽  
Vol 43 (2) ◽  
pp. 110
Author(s):  
Dyah Ochtorina Susanti
Keyword(s):  
Profit Sharing ◽  
Final Part ◽  
Legal Research ◽  
Cooperation Agreement ◽  
Conceptual Approach ◽  
Economic Law ◽  
Production Sharing ◽  
Written Form ◽  
The Government ◽  
Islamic Economic

This research aims to find profit-sharing system between landowners and cultivators of tobacco based on Islamic Economic Law, so that it can be used by landowners and cultivators to cooperate in cultivating  tobacco fields. The method in this research using the normative legal research with the statute approach, and conceptual approach. The  results of the study in the form of 3 (three) forms of profit-sharing systems between landowners and tobacco cultivators according to Islamic economic law, which can be used, namely muzara'ah, mukhabarah, and musaqah. In the final part of this research, the researcher also provides advice to landowners and cultivators to put the cooperation agreement into written form, to prevent conflicts and disputes in the future. Further suggestions are addressed to the Government. The government needs to socialize the production sharing system in agriculture according to Islamic economic law.

scholarly journals PM NARENDRA MODI’S APPEAL ON FIGHTING AGAINST COVID-19: A STUDY

2020 ◽  
Vol 12 ◽  
pp. 140-149
Author(s):  
Gurjeet Kaur ◽  
Ashutosh Mishra
Keyword(s):  
Research Work ◽  
Second World War ◽  
State Governments ◽  
World War ◽  
Health Crisis ◽  
Public Health Crisis ◽  
The People ◽  
The Right ◽  
Second World ◽  
Made In

The COVID-19 pandemic is today's biggest public health crisis and the world's largest threat to humanity since the Second World War. COVID-19 has triggered a profound economic crisis, as well as an unprecedented human toll . India is trying to minimise the pandemic‟s impact and for this Centre and State governments are working hard to sensitise people to keep all the precautions suggested by international and national experts to stop it‟s spread. The motive of this study is to know whether Prime Minister Narendra Modi is managed to send the right message at the right time. What are the messages and how many times during the lockdown or post lockdown, he addressed the country to instil trust in the people. This research work also focused on to discuss how frequently he has briefed about the measures being taken to curb COVID-19 and to bring the situation under control. In order to study speeches PM Modi delivered during the lockdown, this work aims at conducting the content analysis of Mann ki Baat episodes (March-June 2020) based on the COVID-19 information and all those appeals to the nation that PM made in the 4 months ( March –June 2020) have been used as a sample for the study. This paper outlines the scope of understanding how PM has inculcated the habit among people about taking precautions to prevent themselves from COVID-19.

scholarly journals Tinjauan Maṣlaḥah Ḥifẓ Al-Māl Terhadap Pelaksanaan Akad Kerjasama Bagi Hasil Di Desa Sumberdodol Kecamatan Panekan Kabupaten Magetan

2021 ◽  
Vol 1 (1) ◽  
pp. 14-23
Author(s):  
Aima Mar’atus Solihah
Keyword(s):  
Data Collection ◽  
Qualitative Methods ◽  
Human Life ◽  
Field Research ◽  
Profit Sharing ◽  
For Profit ◽  
Production Sharing ◽  
The Village

This research purposes: 1) To find out the maslahah and mafsadah elements of the implementation of the production sharing agreement in Sumberdodol Village Panekan District Magetan Regency. 2) To find out the level of maslahah hifz al-mal on the production sharing agreement in Sumberdodol Village Panekan District Magetan Regency. The type of research conducted by the author is field research using qualitative methods, while the data collection techniques used are interviews and observations. From this research, it can be concluded that 1) The maslahah element in the implementation of the production sharing agreement in Sumberdodol village is that the owner of the garden has prospered the farm cultivator by providing a good job. Farmers can work to supplement their family’s needs. While the element of mafsadah is the distribution of results that is not in accordance with the agreement and the cultivator does not yet know the deadline for the end of the collaboration. 2) The level of maslahah hifz al-mal in cooperation for profit-sharing in the village of Sumberdodol is included in the Hajiyah level, its existence is needed to provide convenience and eliminate difficulties in human life. Because cultivators and gardeners both provide convenience and benefits.

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