scholarly journals REFLEKSI AYAT-AYAT TOLERANSI: MEMUPUK KEBERAGAMAN DALAM MENJALANKAN SYARIAT ISLAM DI ACEH

2020 ◽  
Vol 5 (2) ◽  
pp. 22
Author(s):  
Salman Abdul Muthalib ◽  
Mushlihul Umam
Keyword(s):  
Human Beings ◽  
Mutual Respect ◽  
Muslim People ◽  
Aceh Province ◽  
The Law ◽  
Shared Commitment ◽  
Diversity Of Life ◽  
Document Review

The application of Islamic Sharia in Aceh should give birth to a tolerant diversity of life, because the qanun covers these procedures, but Aceh is considered to be intolerant of a number of groups, especially institutions that carry out research in the field of diversity, in this article the author wants to examine further the matter of stipulation. Aceh Province seems intolerant, the author examines this case through a document review then the author observes based on the reality that occurs. The result is that the authors assess that there are Non-Muslim people who igNore qanun regulations in the element of building houses of worship that are carried out without obtaining permission and have Not met the terms and conditions stipulated in the Islamic Sharia qanun, apart from these problems, the Acehnese people in general can accept the differences well. social. Therefore, the attitude of caring for unity in carrying out each other's beliefs and obeying and obeying the law of the qanun must be a shared commitment. Reflecting on and practicing the verses of tolerance will foster mutual respect and tolerance among human beings. Abstrak: Penerapan Syariat Islam di Aceh seharusnya melahirkan kehidupan keberagaman yang toleran, karena qanun telah mengcover tata cara tersebut. Tetapi, Aceh dinilai intoleran oleh sejumlah kalangan, terutama lembaga-lembaga yang melakukan riset di bidang keberagaman. Dalam artikel ini, penulis ingin mengkaji lebih lanjut perihal penetapan Provinsi Aceh sebagai daerah yang terkesan intoleran. Penulis mengkaji kasus ini melalui review dokumen dan mengamati realita yang terjadi. Hasilnya, penulis menilai adanya oknum Non-muslim yang mengabaikan peraturan qanun pada pembangunan rumah ibadah yang dilakukan tanpa izin dan belum memenuhi syarat serta ketentuan yang telah diatur dalam qanun Syariat Islam. Terlepas dari permasalahan tersebut, masyarakat Aceh pada umumnya dapat menerima dengan baik perbedaan-perbedaan sosial. Oleh karenanya, sikap merawat persatuan dalam menjalankan keyakinan masing-masing serta patuh dan taat pada hukum qanun haruslah menjadi komitmen bersama. Merenungi serta mengamalkan ayat-ayat toleransi akan menumbuhkan sikap saling menghormati dan tenggang rasa antar umat manusia.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

On the Artifactual—and Natural— Character of Legal Institutions

2018 ◽  
Author(s):  
Corrado Roversi
Keyword(s):  
Natural Law ◽  
Common Ground ◽  
Legal Positivism ◽  
Legal Institutions ◽  
Human Beings ◽  
Legal Realism ◽  
Natural Law Theory ◽  
The Law ◽  
Theory Of Law

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.

Kant on the Ground of Human Dignity

2021 ◽  
pp. 1-19
Author(s):  
Apaar Kumar
Keyword(s):  
Human Dignity ◽  
Reciprocal Relationship ◽  
Human Beings ◽  
Moral Law ◽  
Human Constitution ◽  
The Law

Abstract Kant interpreters have contrasting views on what Kant takes to be the basis for human dignity. Several commentators have argued that human dignity can be traced back to some feature of human beings. Others contend that humans in themselves lack dignity, but dignity can be attributed to them because the moral law demands respect for humanity. I argue, alternatively, that human dignity in Kant’s system can be seen to be grounded in the reciprocal relationship between the dignity of the moral law and the dignity inherent in the human constitution. The latter includes the dignity of personhood, construed as rational inner purposiveness, and the dignity of giving oneself the law and striving to follow it.

scholarly journals The Importance and Necessity of Paying Attention to Law and Legalism in Social Areas from the Perspective of the Holy Quran

2016 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Reza Alami ◽  
Farzad Emamian ◽  
Seyed Nima Karimi ◽  
Seyed Sadegh Mousavi Takami ◽  
Mahdi Rezaei
Keyword(s):  
Social Life ◽  
Natural Rights ◽  
Human Society ◽  
Human Beings ◽  
Law And Order ◽  
Holy Quran ◽  
The Holy Quran ◽  
The Law ◽  
Laws And Regulations

<p>Social life is an inevitable necessity for human beings and order, security and justice is required for social life. In this regard, everything that can be effective social life of for human beings should be seriously considered. Law is among these phenomena that people can benefit from social life in its light in addition to benefiting from their natural rights. Therefore, it can be said that the strength and cohesion of any society is paying attention to the law and obeying it. Obviously, this religion in order to convey its purpose should have a plan for them. Therefore, God, as the drafter of this religion sent the Quran to people which is full of solutions and values and a better life for them. In Islam and Quran, the condition of salvation and happiness of a society depends on adherence to God's laws and regulations in all facets and social arenas. The results of this study show that in the shadow of respecting law and order the possibility of planning, implementing and guiding in human society is done. A society can only be lawful by fulfilling God's commandments in Quran.</p>

Why Psychoanalysis Matters to Law

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Lived Experience ◽  
Criminal Law ◽  
Legal Theory ◽  
Practical Knowledge ◽  
Individual Freedom ◽  
Human Beings ◽  
Legal Doctrine ◽  
Legal Rules ◽  
The Law ◽  
Theoretical Foundations

This chapter describes the contribution contemporary psychoanalysis has to make in three specific areas: legal theory, legal doctrine, and adjudication in the courtroom. Psychoanalysis improves the law’s theoretical foundations by modifying its foundational presumption of rationality. Psychoanalysis also helps to reform legal doctrine by identifying those particular subject matter areas, primarily family law and criminal law, where the law’s presumption of rationality leads to unjust legal rules. With domestic violence as its example, this chapter shows how psychoanalysis offers a body of practical knowledge that humanizes the law by bringing legal rules into line with actual, everyday lived experience. And finally, psychoanalysis reveals the deep tension between the law’s focus on individual moral responsibility for behavior and the law’s objective methods of proof in the courtroom. Psychoanalytic insights into the art of proving what really happened in a case can move law in the direction of a more empathic and forgiving model of judging. Overall, the psychoanalytic study of the law unveils the damaging consequences of the law’s rationalist assumptions about who we are as human beings, and offers an alternative, humanistic perspective in line with law’s foundational ideals of individual freedom and systemic justice.

scholarly journals The Forms of Legal Protection for Victims of Rape in Qanun Number 6, 2014 concerning Jinayat Law

2021 ◽  
Vol 10 ◽  
pp. 1588-1593
Author(s):  
Ummi Kalsum ◽  
Ediwarman Ediwarman ◽  
Mohd. Din ◽  
Dahlan Ali
Keyword(s):  
Legal Protection ◽  
Rape Victims ◽  
Aceh Province ◽  
The Law

Victims are legally entitled to legal protection either indirectly or directly. One form of protection for rape victims as stated in Aceh Qanun Number 6 of 2014 concerning Jinayat Law is contained in Article 48 concerning indirect legal protection and Article 51 concerning direct legal protection in the form of restitution. However, in its implementation, victims have not received maximum legal protection. The forms of legal protection for rape victims in Qanun Number 6 of 2014 concerning the law of jinayat are in the form of indirect legal protection (in the abstract) and direct legal protection (in concreto). The lack of regulation causes direct legal protection for rape victims in Aceh Province has not been maximally obtained.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals Teologi Posmodern: Menimbang Konsep Naturalisme-Teistik

2015 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Ghozi Ghozi
Keyword(s):  
Modern Science ◽  
Direct Influence ◽  
Human Beings ◽  
Islamic Theology ◽  
Indirect Influence ◽  
Postmodern Theology ◽  
External Dimension ◽  
The Law ◽  
The Relationship ◽  
The Universe

<p>This article will briefly discuss the problems of postmodern theology in the context of the relationship between God and nature. In this case, the author brings the conception of theistic naturalism in the view of classical theology of Islam. Theological conception of postmodernism (theistic naturalism) can be useful contributions to the refreshment of Islamic theology, particularly in the case <em>a</em><em>f</em><em>‘</em><em>â</em><em>l</em><em> </em><em>al</em><em>-</em><em>‘</em><em>ibâd</em> and its derivation. The concept of direct influence and indirect influence may help explain the intervention of God toward human beings without denying the law of causality, as the law that becomes standard of modern science. Nevertheless there are some things that need to be considered in this concept: <em>Firstly</em>, God is only the spirit of the universe, God has entrusted His power to the nature, and all the events occurred due to the co-creativity of God and nature. <em>Secondly</em>, God has no a direct influence on the external dimension, rather He is merely a Spirit of things who has influence on inner dimension.</p>

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

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