scholarly journals PENETAPAN `ILLAT AL-HUKM MELALUI AL-MANÂTH DALAM QIYÂS

2015 ◽  
Vol 10 (1) ◽  
pp. 24-40
Author(s):  
Fahruddin Ali Sabri
Keyword(s):  
The Other ◽  
Legal Decision ◽  
Other Hand ◽  
The Future ◽  
The Law ◽  
Important Position

One method of legal istinbâth agreed upon by the ushul fiqh scholars is al-qiyâs. In al-qiyâs was appeared some serious problems dealing with the search for al-'illat. Al-'illat as one of the obligation of al-qiyâs occupies the most important position, so that the method of al-qiyâs can be applied in the future correctly, and will give legal decision correctly. In searching for al-'illat, the ushul fiqh scholars use logic of linguistic typically in the search for truth, the other hand they also must be able to impulse, imagination, and creativity in decide on a case, and they are no longer so glued rigidly to the al-qath'iyyah al-dalâlah. One way to look for al-'illat is al-manâth, which divided into three parts, namely tanqîh al-manâth, tahqîq al-manâth, and takhrîj al-manâth. Searching for the truth of qiyâs method stresses on logical translation that sometimes mix with intuition, imagination and creativity. Therefore, qiyâs can go down to the law problems related to the people’s attitude deeper. While al-manath is one of the methods to look for al-illat where the ulama ushul fiqh draw their intuition, imagination, and creations to solve some problems, and they are not too stiff to qath’î theoremsCopyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.587 

scholarly journals Resiliensi Anak yang Berkonflik Dengan Hukum: Refleksi Implementasi UU. No.11 Tahun 2012 Mengenai Proses Diversi

2019 ◽  
Vol 9 (2) ◽  
pp. 194-221
Author(s):  
Nailatin Fauziyah
Keyword(s):  
Restorative Justice ◽  
Protective Factor ◽  
The Other ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Other Hand ◽  
The Future ◽  
Life Journey ◽  
The Law ◽  
Difficult Situations

Settlement of child criminal cases using the restorative justice approach and diversion in accordance with Law No. 11 of 2012 is an important breakthrough in the development of criminal law processes in Indonesia. At the conceptual level, the implementation of the process takes into consideration the fulfillment of children's rights and has a concern for the child's future. To achieve the future the child must have the resilience to deal with difficult situations throughout his life journey. Likewise, children who are in conflict with the law, on the other hand they are perpetrators of crime and on the other hand they are victims of the surrounding social system. The results of this study indicate that Children in conflict with the law (ABH) who are resilient tend to get support from various parties so that they can get through difficult situations and face the future with confidence, but conversely with ABH who are not resilient. The results of this study are important notes to reflect back the implementation of Law No.11/2012 on restorative justice and diversion, because the diversion process undertaken by ABH does not differentiate their resilience levels. It is the strength of the protective factor that affects the differences in the resilience of ABH who undergo legal proceedings through diversion.

scholarly journals PENYEBAB TERJADINYA TINDAKAN MAIN HAKIM SENDIRI ATAU EIGENRICHTING YANG MENGAKIBATKAN KEMATIAN (CONTOH KASUS PEMBAKARAN PELAKU PENCURIAN MOTOR DENGAN KEKERASAN DI PONDOK AREN TANGERANG)

2018 ◽  
Vol 1 (1) ◽  
pp. 809
Author(s):  
Chandro Panjaitan ◽  
Firman Wijaya
Keyword(s):  
Criminal Code ◽  
Research Data ◽  
The Other ◽  
Positive Opinion ◽  
Main Research ◽  
Emotional Factors ◽  
Other Hand ◽  
The Future ◽  
The Law

Cases of vigilante action are committed by a group of persons are not justified in the law. Those are cases which is unlawful, immoral, irresponsible and does not have an attitude that respects the law.Vigilante cases should have been reported to the authorities and the perpetrator should be punished in accordance to the existing law and regulations. There is no apparent regulations regarding the act of vigilante, instead there are some articles in Indonesian’s Criminal Code which can be used against the perpetrators. In this case Article 170 and 351 of Indonesian’s Criminal Code somehow has been used to deal with vigilante cases. It is important to learn what are the factors of the vigilante case in PondokAren, Tangerang which will be the main research in this thesis and also the prevention that should be done in order to avoid the same incident in the future. The research data shows that the factors behind perpetrators being vigilante is based on emotional factors, the lack of trust in the law and situation factor. On the other hand to prevent further case in the future the authorities need to improve their work from several aspects. Thus, creating a positive opinion on public.

‘Newness which never perishes’? Schoenberg’s ambivalent reception of Haydn

2010 ◽  
Vol 51 (1-2) ◽  
pp. 215-224
Author(s):  
Alexander Carpenter
Keyword(s):  
The Other ◽  
Major Influence ◽  
Musical Style ◽  
The Past ◽  
Other Hand ◽  
The Future ◽  
Music Tradition

This paper explores Arnold Schoenberg’s curious ambivalence towards Haydn. Schoenberg recognized Haydn as an important figure in the German serious music tradition, but never closely examined or clearly articulated Haydn’s influence and import on his own musical style and ethos, as he did with many other major composers. This paper argues that Schoenberg failed to explicitly recognize Haydn as a major influence because he saw Haydn as he saw himself, namely as a somewhat ungainly, paradoxical figure, with one foot in the past and one in the future. In his voluminous writings on music, Haydn is mentioned by Schoenberg far less frequently than Bach, Mozart, or Beethoven, and his music appears rarely as examples in Schoenberg’s theoretical texts. When Schoenberg does talk about Haydn’s music, he invokes — with tacit negativity — its accessibility, counterpoising it with more recondite music, such as Beethoven’s, or his own. On the other hand, Schoenberg also praises Haydn for his complex, irregular phrasing and harmonic exploration. Haydn thus appears in Schoenberg’s writings as a figure invested with ambivalence: a key member of the First Viennese triumvirate, but at the same time he is curiously phantasmal, and is accorded a peripheral place in Schoenberg’s version of the canon and his own musical genealogy.

Basic Concepts and Definitions of Allergology

2019 ◽  
Author(s):  
Zoran Vrucinic
Keyword(s):  
Immune Reaction ◽  
The Body ◽  
The Other ◽  
Specific Response ◽  
Other Hand ◽  
Medical Vocabulary ◽  
The Future ◽  
Basic Concepts ◽  
Basic Insight ◽  
Insight Into

The future of medicine belongs to immunology and alergology. I tried to not be too wide in description, but on the other hand to mention the most important concepts of alergology to make access to these diseases more understandable, logical and more useful for our patients, that without complex pathophysiology and mechanism of immune reaction,we gain some basic insight into immunological principles. The name allergy to medicine was introduced by Pirquet in 1906, and is of Greek origin (allos-other + ergon-act; different reaction), essentially representing the reaction of an organism to a substance that has already been in contact with it, and manifested as a specific response thatmanifests as either a heightened reaction, a hypersensitivity, or as a reduced reaction immunity. Synonyms for hypersensitivity are: altered reactivity, reaction, hypersensitivity. The word sensitization comes from the Latin (sensibilitas, atis, f.), which means sensibility,sensitivity, and has retained that meaning in medical vocabulary, while in immunology and allergology this term implies the creation of hypersensitivity to an antigen. Antigen comes from the Greek words, anti-anti + genos-genus, the opposite, anti-substance substance that causes the body to produce antibodies.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Monotheism in Isaiah

2020 ◽  
pp. 218-248
Author(s):  
Matthias Albani
Keyword(s):  
Historical Context ◽  
The Other ◽  
Divine Power ◽  
Crisis Situation ◽  
Catalytic Function ◽  
Other Hand ◽  
The Future ◽  
The One ◽  
Religious Crisis

The monotheistic confession in Isa 40–48 is best understood against the historical context of Israel’s political and religious crisis situation in the final years of Neo-Babylonian rule. According to Deutero-Isaiah, Yhwh is unique and incomparable because he alone truly predicts the “future” (Isa 41:22–29)—currently the triumph of Cyrus—which will lead to Israel’s liberation from Babylonian captivity (Isa 45). This prediction is directed against the Babylonian deities’ claim to possess the power of destiny and the future, predominantly against Bel-Marduk, to whom both Nabonidus and his opponents appeal in their various political assertions regarding Cyrus. According to the Babylonian conviction, Bel-Marduk has the universal divine power, who, on the one hand, directs the course of the stars and thus determines the astral omens and, on the other hand, directs the course of history (cf. Cyrus Cylinder). As an antithesis, however, Deutero-Isaiah proclaims Yhwh as the sovereign divine creator and leader of the courses of the stars in heaven as well as the course of history on earth (Isa 45:12–13). Moreover, the conflict between Nabonidus and the Marduk priesthood over the question of the highest divine power (Sîn versus Marduk) may have had a kind of “catalytic” function in Deutero-Isaiah’s formulation of the monotheistic confession.

scholarly journals I.—Notes on the Phylogeny of the Graptolites

1895 ◽  
Vol 2 (12) ◽  
pp. 529-539 ◽  
Author(s):  
H. A. Nicholson ◽  
J. E. Marr
Keyword(s):  
Present State ◽  
The Other ◽  
Other Hand ◽  
The Family ◽  
The Future ◽  
Geological Magazine

Since the remarkable paper by Professor Lapworth “On an Improved Classification of the Rhabdophora” was published in the Geological Magazine for 1873, a great deal of fresh information has been gathered as to these interesting fossils; but the classification given in that paper, though to some extent confessedly artificial, is still generally adhered to. Observations made by the authors in recent years lead them to suppose that that classification will in the future undergo considerable modification; but in the present state of our knowledge it serves a purpose so useful, that it is not our intention to propose any immediate change in it. Our object, on the other hand, is to bring forward certain conclusions which we have independently reached, and which will, we believe, enhance the value of Graptolites to the stratigraphical geologist, and lead to results important to the biologist. Our conclusions are based upon an examination of a large number of forms generally referred to the family Dichograptidæ; but, as we propose very briefly to indicate, they affect the relationships of Graptolites belonging to other families also.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Capital Budgeting and business cycles

2021 ◽  
pp. 315-335
Author(s):  
Edward W. Fuller
Keyword(s):  
Interest Rate ◽  
Demand Curve ◽  
Supply And Demand ◽  
Investment Project ◽  
The Other ◽  
Investment Projects ◽  
Scarce Resources ◽  
Other Hand ◽  
The Future ◽  
The Interest Rate

Every investment project is aimed at achieving some future goal. This goal can only be attained by employing scarce resources, like time. Every investment project entails foregoing other investment projects. It is impossible to undertake all investment projects simultaneously because resources are scarce. This means each investment project is subject to cost. The investment project may be unsuccessful in achieving the future goal and the entrepreneur may suffer a loss. On the other hand, investment projects are only undertaken because they are perceived as more valuable than their costs. Every investment project undertaken implies the possibility of earning a profit. Investment projects take time. An investment project can be represented by a time line. Time A represents the beginning of the production process. Time B is the end of the production pro-cess. Line AB is called the period of production. Present goods are scarce resources that can be consumed im-mediately. On the other hand, future goods cannot be consumed immediately. Future goods are only expected to be consumer goods at some point in the future. An investment project entails making an investment at time A and receiving a present good at time B. All else equal, present goods are more valuable than future goods.1 Any good at time A is more valuable than the same good at time B. This is called time preference. Money is the present good par excellence. Therefore, future goods can be called future cash flows. All else equal, present money is more valuable than future money. This is called the time value of money. The interest rate is the price of present goods in terms of future goods. The interest rate is the price which equates the amount of present goods provided by savers with the amount of present goods demanded by investors. Like all prices, the interest rate is determined by supply and demand. Savers are suppliers of present goods. The supply curve (S) is the quantity of present goods supplied at each interest rate. Factor owners (investors) are the demanders, or buyers, of present goods. The demand curve (D) is the quantity of present goods demanded at each interest rate. The intersection of the supply and demand curve determines the interest rate. The interest rate is determined by the supply and demand for present goods:2

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

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