scholarly journals Nilai-Nilai Kearifan pada Konsep Penguasaan Tanah Menurut Hukum Adat di Indonesia

2016 ◽  
Vol 24 (1) ◽  
pp. 14
Author(s):  
NFN Syahyuti
Keyword(s):  
Social Welfare ◽  
Agricultural Sector ◽  
Private Property ◽  
Islamic Law ◽  
Land Ownership ◽  
Land Conversion ◽  
Economic Resource ◽  
The People ◽  
Farm Business ◽  
Uncultivated Land

<strong>English</strong><br />Aspect of land ownership is an essential part of overall current agrarian system because it will determine level and distribution of social welfare. In agricultural sector, land ownership also determines farm business activities including products distribution. Frequent land conversion and uncultivated land in Indonesia are the impacts of ownership system established by the state law influenced by private property and capitalistic economy. This paper reviews land ownership based on custom laws in some Indonesian ethnics which is in accordance with land ownership based on Islamic law. Some of the characteristics are: (i) land is unique economic resource and no absolute land ownership; (ii) inclusiveness; (iii) selling land as market commodity is prohibited, and (iv) people and work are more valuable than land. Land ownership based on custom and Islamic laws has higher wisdom and tends to realize welfare and justice for the people. <br /><br /><br /><strong>Indonesian</strong><br />Aspek penguasaan tanah merupakan bagian yang sangat esensial dalam keseluruhan sistem agraria yang berlaku, karena akan menentukan tingkat dan distribusi kesejahteraan masyarakat di dalamnya. Demikian pula untuk sektor pertanian, karena faktor penguasaan tanah menjadi penentu kegiatan usahatani serta termasuk distribusi hasilnya di antara pelakunya. Fenomena tingginya alih fungsi lahan dan lahan terlantar di Indonesia merupakan dampak dari sistem penguasaan menurut hukum negara yang sangat menjunjung tinggi kepemilikan pribadi (privat) karena dijiwai sistem ekonomi kapitalis. Dalam tulisan ini dipelajari konsep penguasaan terhadap tanah yang relatif berbeda, yaitu bentuk penguasaan menurut hukum adat pada beberapa suku bangsa di Indonesia yang terbukti memiliki banyak kesamaan dengan bentuk penguasaan tanah menurut hukum Islam. Beberapa cirinya yang utama adalah bahwa tanah merupakan sumberdaya ekonomi yang unik, dimana tidak mengenal bentuk penguasaan yang mutlak, adanya sifat inklusifitas, larangan untuk memperjual belikan tanah dalam arti sebagai komoditas pasar, serta lebih dihargainya manusia dan kerja dibandingkan tanah. Penguasaan tanah menurut hukum adat dan Islam tampaknya memiliki kearifan yang lebih tinggi, yang sesungguhnya akan lebih mampu mewujudkan kesejahteraan masyarakat secara berkeadilan.

scholarly journals MANAJEMEN DAN PENDISTRIBUSIAN ZAKAT DALAM UPAYA PENINGKATAN KESEJAHTERAAN SOSIAL MASYARAKAT

2021 ◽  
Vol 1 (2) ◽  
pp. 34-50
Author(s):  
Nur Afni
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Economic Empowerment ◽  
Distribution Models ◽  
Library Research ◽  
The People ◽  
The Social ◽  
Scientific Papers ◽  
Islamic Economic ◽  
Management Functions

The management of zakat in relation to economic empowerment means that zakat as an asset of an Islamic economic institution, zakat is a source of strategic potential funds for efforts to build the welfare of the people. Because of that, the Koran gives a sign that the zakat collected is managed appropriately and effectively. The purpose of this research is to describe how the management and distribution of zakat to improve the social welfare of society. The type of research used in this research is library research or library research conducted by collecting data or scientific papers aimed at the research object. The results of the discussion in the article are; 1) in the process of managing zakat, it can be realized seriously, of course, this needs to be supported by good management, as was done in the early days of Islam. Managing zakat effectively and efficiently needs to be managed properly. Therefore, the management of zakat provides the application of modern management functions. 2) Zakat must be distributed to mustahik under Islamic law. 3) the distribution of zakat is carried out based on a priority scale, with due observance of the principles of equity, justice, and territoriality, and 4) Zakat is distributed through two distribution models directly or consumptive zakat, and indirect distribution, namely productive zakat.             

scholarly journals Peran Kantor Urusan Agama (KUA) Kecamatan Siman dalam Pembentukan Keluarga Sakinah Perspektif Undang-Undang Nomor 11 Tahun 2009 Studi Kasus Di Desa Ngabar Kecamatan Siman Kabupaten Ponorogo

2021 ◽  
Vol 14 (1) ◽  
pp. 47
Author(s):  
Hazi Kurniva Sari
Keyword(s):  
Social Welfare ◽  
Islamic Law ◽  
Field Research ◽  
Know How ◽  
Village Community ◽  
The People ◽  
Descriptive Approach ◽  
Harmonious Family

Muslims believe that marriage is the best way to have children and maintain self-respect. In the Compilation of Islamic Law Article 3 paragraph (1) it is explained: the purpose of marriage is to realize a sakinah, mawaddah, warohmah household life. There are many ways to form a family, but the people of Ngabar Village, Siman District, Ponorogo Regency, and also other people do not know how to form a harmonious family. This study aims to (1) determine the understanding of the Ngabar Village community towards Law Number 11 of 2009 concerning Social Welfare, (2) to determine the role of KUA Siman District in the formation of a sakinah family in Ngabar Village, Siman District, Ponorogo Regency. This type of research is Field Research. A descriptive approach is used in this study. The results of this study indicate: The people of Ngabar Village do not understand the meaning of social welfare even though the employees of the Siman District Religious Affairs Office have socialized Law Number 11 of 2009 concerning social welfare. As a result, the formation of a sakinah family in Ngabar Village has not been carried out as much as expected.

scholarly journals Permasalahan dan Penyelesaian Sengketa Wakaf Menurut UU No. 41 Tahun 2004 dan Hukum Islam (Studi Sengketa Wakaf Tanah Wahdah Islamiyah)

2021 ◽  
Vol 2 (3) ◽  
pp. 396-412
Author(s):  
Muhammad Taufan Djafri ◽  
Askar Patahuddin ◽  
Azwar Iskandar ◽  
Ambarwati Ambarwati
Keyword(s):  
Qualitative Methods ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Field Research ◽  
Land Ownership ◽  
Mutual Trust ◽  
Legal Certainty ◽  
Normative Approach ◽  
Descriptive Research ◽  
The People

This research aims to find out: (1) the issue of waqf disputes and their resolution in Indonesia in the review of the Law. No. 41 of 2004 and Islamic law; and (2) the issue of waqf disputes and their settlement in Wahdah Islamiyah. This research includes the category of descriptive research using qualitative methods with a juridical-normative approach through field research. The results showed that: (1) the form of land waqf dispute problems in Indonesia, including: (a) issues involving holders of legitimate rights to waqf land; (b) issues related to the reason for rights or proof of acquisition used as a basis for granting rights; (c) errors/misrepresentation of rights. In addition, the problem is also in the form of still many waqf land that does not have a Waqf Pledge Deed, many waqf implementations are carried out religiously or based on mutual trust, the demand for the return of waqf land by wakif heirs and waqf land is controlled for generations by nazirs who deviate from waqf accounts. Article 62 of Law No. 41 of 2004 on Waqf affirms that the resolution of disputes is taken through deliberation for consensus. If dispute resolution through deliberation is unsuccessful, the dispute can be resolved through mediation, arbitration, or court. As for the review of Islamic law, the resolution of waqf disputes and other issues in the realm of Islamic law can be facilitated through litigation and non-litigation. The existence of peace (al-iṣlah) and deliberation for consensus is always a priority and is expected to solve problems without causing other problems (lā ḍarara wa lā ḍirāra) to achieve the benefit of the people in accordance with maqāṣid al-syarī'ah and justice; (2) Wahdah Islamiyah faces several problems of land waqf disputes, such as lack of legal certainty in waqf land ownership, waqf practice by conventional means, waqf land for sale, claims of waqf land ownership, and no checking the legality of waqf land. In the settlement of land waqf disputes, Wahdah Islamiyah directs the resolution of all dispute cases through two patterns, namely litigation and non-litigation patterns, which are generally done by familial means or consensus deliberation.

SOCIAL WELFARE DURING THE CORONA ERA: A RESEACH STUDY IN THE LIGHT OF QURAN & SUNNAH

2021 ◽  
Vol 04 (01) ◽  
Author(s):  
Ahmed Raza ◽  
Syed Waheed Ahmed
Keyword(s):  
Political Parties ◽  
Social Welfare ◽  
Research Study ◽  
Islamic Law ◽  
Educational Institutions ◽  
The People ◽  
Poor Families ◽  
The World ◽  
The Government ◽  
Open Expression

Coronavirus pandemic started in the last week of February 2020 in Pakistan. In order to save the people from the Corona epidemic, a complete lockdown has been implemented across the country. All offices, educational institutions, transport and other sectors were closed. Only grocery and medical stores were allowed to operate. The government of Pakistan, the provincial governments and the country's elites, welfare organizations and religious and political parties have generously helped poor families without distinction of religion, color, race or language. People were provided with necessities, clothes, medicines and other necessities. Seeing the open expression of social welfare in Pakistan during the epidemic sent a good message to the world that the Muslims of Pakistan have an ideal role to play in serving humanity in accordance with the teachings of their religion. In this article, a research study has been done on the trend and effects of social welfare during the Corona era in the context of Islamic law

scholarly journals STRATEGI PERLINDUNGAN LAHAN PERTANIAN PANGAN BERKELANJUTAN DI KABUPATEN BOGOR

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Judo Satria ◽  
A. Faroby Falatehan ◽  
Irfan Syauqi Beik
Keyword(s):  
Policy Development ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
High Rate ◽  
Land Conversion ◽  
Sustainable Food ◽  
Land Protection ◽  
The People ◽  
Strategic Role ◽  
And Function

ABSTRACTProtection of sustainable food agriculture land is an efforts in order to control the high rate of conversion of agricultural land to non-agricultural land, as well as food security and sovereignty. In addition, agricultural land has a very strategic role and function for the people of Bogor District who are agrarian because there are a large number of residents of Bogor District who depend on the agricultural sector. This study aims to formulate the strategy of the Bogor District Government through a strategy to control the transformation of sustainable food agricultural land to meet the level of food sufficiency and protect from the rate of land conversion. To achieve these objectives, a review needs to be done to check the availability of agricultural land, with the formulation of Analytical Hierarchy Process for policy development decisionKeywords: agricultural land conversion, agricultural land protection strategy.ABSTRAKPerlindungan lahan pertanian pangan berkelanjutan merupakan salah satu upaya dalam rangka pengendalian terhadap tingginya laju alih fungsi lahan pertanian ke lahan non-pertanian. Serta terkait pula dengan ketahanan dan kedaulatan pangan. Disamping itu, lahan pertanian memiliki peran dan fungsi yang sangat strategis bagi masyarakat Kabupaten Bogor yang bercorak agraris karena terdapat sejumlah besar penduduk Kabupaten Bogor yang menggantungkan hidup pada sektor pertanian. Penelitian ini bertujuan untuk merumuskan strategi Pemerintah Kabupaten Bogor melalui strategi pengendalian alihfungsi lahan pertanian pangan berkelanjutan guna memenuhi tingkat kecukupan pangan dan melindungi dari laju konversi lahan. Untuk mencapai tujuan tersebut maka dilakukan tinjauan terhadap ketersediaan lahan peruntukan pertanian, dengan perumusan Proses Hirarki Analitik untuk keputusan pengembangan kebijakanKata Kunci : alihfungsi lahan pertanian, strategi perlindungan lahan pertanian

scholarly journals Dialectics of interaction of the development of institutional social forms of economic systems and property relationships functioning in the agricultural sector

2019 ◽  
pp. 35-46
Author(s):  
Olga Shulga
Keyword(s):  
Agricultural Sector ◽  
Private Property ◽  
Land Ownership ◽  
Economic Systems ◽  
Private Ownership ◽  
Property Relations ◽  
Agrarian Sector ◽  
Social Forms ◽  
Ownership Of Land ◽  
Post Industrial

The purpose of the article is to reveal the dialectics of the interconnection of the development of institutional social forms of the functioning of economic systems and property relations in the agrarian sector, studying the world experience of market circulation of land. In clarifying these questions dialectical, dynamic, systematic, unity of logical and historical approaches, methods of generalization, analysis and synthesis, etc. Institutional social forms of functioning of economic systems are the real forms of organization of economic activity, norms and rules of conduct of economic entities that have developed in a given society at a certain stage of its development. According to the civilization approach, three institutional social forms of functioning of economic systems can be distinguished: pre-industrial, industrial and post-industrial economical systems, which differ in their institutional frameworks for their functioning. Each of them has its own definite system of property relations, which is constantly evolving and complicated, gaining new forms of development. In general, ownership of land during the history of mankind was in its evolution, three stages (levels) of development: community - private - public property. That is, as we see, the development of property relations has an interesting tendency - in the early stages of its development, humanity used common, collective forms of ownership, later, with the development of productive forces, communal property self-denied and displaced by private property, self-development which takes place in the direction of its socialization (socialization of the nature of labor and production) and the emergence of collective forms of private property. The dialectic of the relationship between the development of institutional social forms of the functioning of economic systems and property relations in the agricultural sector is that the development of land ownership relations leads to changes and transformations in the system of economic relations, their transition to a higher stage of socio-economic development and the emergence of new social forms of functioning of economic systems. In its turn, the emergence of new institutional social forms of functioning of economic systems causes changes in the structure of ownership relations with the land, leads to the emergence and dominant position in the agrarian sector of new types and forms of ownership, reflecting the socio-economic nature of a particular economic system. On the basis of the analysis of the evolution of land ownership relations in different economic systems, one can conclude that their development is characterized by certain patterns: the development and complication of property patterns are constantly underway; Each form of ownership by its nature is historical; the emergence of a more developed form of ownership of land does not lead to the complete disappearance of the previous form of ownership; as the evolution of land ownership relations in the direction of socialization takes place, the convergence of interests of opposing classes, social groups; the development of the essential basis of property takes place in an evolutionary way, and the change in the legal form of ownership - institutional instruments; Each typical civilization is characterized by a specific for the conditions of its development, the dominant object of property, which reflects the level of development of the productive strength of human labor and the corresponding formative peculiarities of the appropriation of means and production results; the formation of private ownership of land in a post-industrial society takes place mainly through its purchase; the state regulates private ownership of land and does not allow the concentration of too large areas of land in one hand; State policy in the field of land relations is aimed at consolidating land and consolidating farms.

The Place of Traditional Artists in the Preservation of Nigerian Art

2018 ◽  
pp. 75-88
Author(s):  
Victoria N Osuagwu
Keyword(s):  
Belief Systems ◽  
Sacred Grove ◽  
Art World ◽  
Human Beings ◽  
Open Spaces ◽  
Economic Resource ◽  
The People ◽  
Traditional Artists ◽  
Global Art ◽  
Source Of Information

Human beings have always left signs of their activities behind them. These signs take both tangible and intangible forms, including buildings, sites, sculptural works, antiquities, rock art paintings, belief systems, and traditions. The people of this millennium have recognized the remains of our fore-bears namely archaeological, architectural monuments, sites, and cultural works as an integral part of the cultural heritage of all humanity. They also recognized the fact that heritage is an invaluable source of information about the lives and activities of human beings and their artistic and technical capabilities over the centuries. The Nigerian Ancient Art Tradition which spans eight thousand years is a product of diverse artists from Dufuna, Nok, Igbo-Ukwu, Ife, Owo, Benin, Tada, etc. Also remarkable are the sculptural works created by late Susanne Wenger (an Austrian) and her New Sacred Art Movement in Osun-Osogbo Sacred Grove, which gave meaning to open spaces within the grove. This paper examines the role played by these artworks to project Nigeria to the global art world. The benefits to Nigeria and the global art traditions and recommendations on how to revive this dwindling economic resource will also be examined. The approach used was to study the artworks produced by some of these artists. Some of the findings were that the works were carefully done with suitable materials that have withstood climate change.

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

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.

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