scholarly journals Optimalisasi Pengelolaan Wakaf (Studi di Kabupaten Demak)

AL- ADALAH ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 333
Author(s):  
Riyanto Riyanto
Keyword(s):  
Social Values ◽  
Economic Institutions ◽  
Religious Institution ◽  
Religious Orders ◽  
Muslim Society ◽  
Normative Approach ◽  
Before And After ◽  
The Status ◽  
Muslim Majority ◽  
The Government

Waqf, as one of the Islamic social and economic institutions has enormous potentials in encouraging efforts to improve people’s economy. As a country with a huge population and the Muslim majority, Indonesia needs to explore and develops the potential of this religious institution. The combination of religious orders and social values can be utilized as a strong ideological backdrop for the government in managing waqfs so as to grow and be productive. This study tries to examine the status of land endowed in wakaf in Demak district before and after the enactment of Waqaf Law Number 41/ 2004 as well as to identify factors supporting and hindering efforts to optimize wakaf empowerment. This research used a socio-normative approach and it was conducted in several locations within Demak Regency. This study reveals that wakaf institutions in Demak Regency have not been able to improve the welfare of the community. This is because a lot of wakaf land in the area are not managed professionally and productively. Therefore, in the future, it is necessary to develop the professionalism of the Nazir (curator) so that Wakaf institutions can be developed optimally and innovatively to achieve the prosperity of muslim society.

scholarly journals Strict Liability in Environmental Dispute Responsibility Before and After the Enabling of Omnibus Law

2021 ◽  
Vol 2 (1) ◽  
pp. 53-60
Author(s):  
Zahranissa Putri Faizal
Keyword(s):  
Environmental Management ◽  
Strict Liability ◽  
Job Creation ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Environmental Disputes ◽  
Environmental Dispute ◽  
Before And After ◽  
The Government

With the limitation of the principle of fault-based liability, which is not effective in the implementation of the responsibility for activities with high risk, Law No. 23 of 1997 concerning Environmental Management and Law no. 32 of 2009 concerning Environmental Protection and Management which adheres to the principle of absolute responsibility or strict liability. The regulation regarding the principle of strict liability is clarified in Article 88 of Law no. 32 of 2009 (UU PLH). However, with the passing of the Omnibus Law, which changed Article 88 of Law no. 32 of 2009 becomes article 88 of the Omnibus Law, which eliminates the principle of strict liability. This writing uses a normative approach, a statutory approach. The data analysis used is a qualitative analysis. The elimination of strict liability in resolving environmental disputes is considered a shift, which in the provisions of Article 88 of the Job Creation Law seems to provide an opportunity for corporations to pollute the environment without firm accountability. The government seems to protect the sustainability of a corporation more than the interests of the community. The type of research used in this study is using normative legal research methods using a statutory approach and literature study.

scholarly journals Islamic Constitutionalism: Social Movement and the Framework of the Indonesian Constitution

2021 ◽  
Vol 7 (2) ◽  
pp. 326
Author(s):  
Muzayyin Ahyar ◽  
Ni’matul Huda
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Constitutional Law ◽  
Islamic Movements ◽  
Muslim Society ◽  
Muslim Majority ◽  
Religious Social Movements ◽  
Independence Era ◽  
The Government ◽  
Sociological Approaches

The main purpose of this article is to discuss Islamic constitutionalism in the context of Indonesian social movements. Constitutionalism is part of the study of constitutional law when the discussion focuses on the concept of limiting the power of the government. Using historical and sociological approaches, this article examines socio-political circumstances in Muslim society and their relationship to the spirit of constitutionalism in Indonesia. Indonesia does not explicitly name any particular religion in its Constitution, even though most of its population is Muslim. After a series of constitutional reforms over 1999– 2002, there was no formalization of Islam in the Constitution. Two important academic questions arise when dealing with this phenomenon. First, to what extent are Indonesia’s religious social movements involved in constructing the narrative of constitutionalism? Second, how do the spirit of constitutionalism and Islam play a role in strengthening Indonesia’s Constitution? This article notes that some Muslims in Indonesia have been striving to build a narrative of Islamic constitutionalism through social movements since the nation’s pre- independence era. Nevertheless, this Islamic constitutionalism has not resulted in the formalization of an Islamic constitution in Indonesia due to several factors: the historical roots of the nation’s establishment, the pluralist stance of Indonesia’s mainstream civil Islamic movements, and the presence of the Pancasila as the state ideology. This article also reveals that Indonesia’s Muslim majority and religious authorities play a role in building the spirit of constitutionalism; however, the formalization of a specific religion as the basis of the constitution has never been realized in Indonesia.

scholarly journals MADRASAH DAN MASALAH IATI DIRT PENDIDIKAN ISLAM

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Imam Suprayogo
Keyword(s):  
Public School ◽  
Educational Institution ◽  
School Facilities ◽  
School Buildings ◽  
Current Image ◽  
The Public ◽  
Muslim Society ◽  
The Status ◽  
The Government

According to 'Undang-Undang Sisdiknas' no. 2Q of the year 2003, both the position and the status of Madrasah are on a par with the public school. Most people, however, still regard Madrasah as "second class" when seen from such aspects as: graduate prospects, school facilities; school buildings, students' as well as teachers' performances, management of the school, and cooperation with other institutions and stakeholders. Muslim society and the government, in this case, the Department of Religious Affairs, have come to realize these unfavorable situations, so that some efforts have been made to build a better condition of Madrasah. The Department ofReligious Affairs has been trying to improve Madrasah by developing some strategies through the establishment of Madrasah Unggulan (Khusus), Madrasah Terpadu, Madrasah Tsanawiyah Terbuka, Madrasah Aliyah Program Keterampilan, and Madrasah Aliyah Keagamaan (MAK). The questions are: Will Madrasah be a progressive, modern, and reliable Islamic institution? Meanwhile, in the Muslim society, the current image is that Madrasah is an educational institution that has Islamic, Muslim and Islamic educational identities. Will the change imposed on Madrasah institution have some impact on its identity? This article is an attempt to answer these questions.

scholarly journals MEKANISME LEGISLATIVE REVIEW PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG DALAM PERSPEKTIF POLITIK HUKUM

2021 ◽  
Vol 7 (2) ◽  
pp. 406-430
Author(s):  
Muhammad Fadli Efendi
Keyword(s):  
Government Regulation ◽  
State Institution ◽  
Court Decision ◽  
Constitutional Court ◽  
Normative Approach ◽  
The Status ◽  
The Government ◽  
Legislative Review

With the issuance of Constitutional Court decision No. 138/PUU-VII/2009, a legal conflict arises between the Parliament and Constitutional Court, regarding which state institution possess the authority to review any Government Regulation in lieu of Law.  Both institutions declared themselves to be having the sole authority to do just that.  The author, using a juridical normative approach, suggest otherwise. In the auhtor’s opinion, it is the Parliament who should be regarded as having the sole authority. This said taking into consideration that – as soon as the emergency justifung the issuance of the government regulation in lieu of legislation ends – both the government and the parliament shall as soon as possible convene to determine whether this government regulation should be declared null and void or elevated to the status of Law.

scholarly journals The Protection of Indonesian Migrant Workers under Fiqh Siyasah Dusturiyah

Lentera Hukum ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 151
Author(s):  
Habib Ismail ◽  
Dani Amran Hakim ◽  
Muhammad Lutfi Hakim
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Migrant Workers ◽  
Social Protection ◽  
Islamic Law ◽  
Normative Approach ◽  
Right To Work ◽  
The Status ◽  
The Government ◽  
Weak Party

The position of migrant workers is often seen as a weak party. To some extent, such migrant workers are regarded as similar to slaves. In Indonesia, the government has to protect all citizens, including those abroad who have the status of migrant workers. Migrant Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However, several migrant workers remained legally unprotected abroad. This study used the normative approach that aimed to discuss the protection of Indonesian migrant workers from two-fold, juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant workers by issuing Law 18/2017, it has more specifically provided directions and objectives to protect migrant workers. This Law ensures human rights for migrant workers despite legal, economic, and social protection for them and their families. Then, the protection of migrant workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in Islam: human independence, human dignity, justice, and the clarity of the contract and wage transaction. KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law.

Strategic Role of Zakat in Multidimensional Quality of Life in Sijunjung, Indonesia

2018 ◽  
Vol 15 (1) ◽  
pp. 55-72
Author(s):  
Herlin Hamimi ◽  
Abdul Ghafar Ismail ◽  
Muhammad Hasbi Zaenal
Keyword(s):  
Quality Of Life ◽  
Positive Impact ◽  
Wealth Distribution ◽  
Absolute Poverty ◽  
Before And After ◽  
The Status ◽  
Being There ◽  
The Impact

Zakat is one of the five pillars of Islam which has a function of faith, social and economic functions. Muslims who can pay zakat are required to give at least 2.5 per cent of their wealth. The problem of poverty prevalent in disadvantaged regions because of the difficulty of access to information and communication led to a gap that is so high in wealth and resources. The instrument of zakat provides a paradigm in the achievement of equitable wealth distribution and healthy circulation. Zakat potentially offers a better life and improves the quality of human being. There is a human quality improvement not only in economic terms but also in spiritual terms such as improving religiousity. This study aims to examine the role of zakat to alleviate humanitarian issues in disadvantaged regions such as Sijunjung, one of zakat beneficiaries and impoverished areas in Indonesia. The researcher attempted a Cibest method to capture the impact of zakat beneficiaries before and after becoming a member of Zakat Community Development (ZCD) Program in material and spiritual value. The overall analysis shows that zakat has a positive impact on disadvantaged regions development and enhance the quality of life of the community. There is an improvement in the average of mustahik household incomes after becoming a member of ZCD Program. Cibest model demonstrates that material, spiritual, and absolute poverty index decreased by 10, 5, and 6 per cent. Meanwhile, the welfare index is increased by 21 per cent. These findings have significant implications for developing the quality of life in disadvantaged regions in Sijunjung. Therefore, zakat is one of the instruments to change the status of disadvantaged areas to be equivalent to other areas.

A New Denominational Historiography?

1995 ◽  
Vol 5 (2) ◽  
pp. 249-263
Author(s):  
John F. Wilson
Keyword(s):  
Twentieth Century ◽  
Recent Analysis ◽  
General Factor ◽  
Religious Organization ◽  
Religious Institution ◽  
Large Numbers ◽  
The Status ◽  
Late Twentieth ◽  
American Society ◽  
Late Twentieth Century

Over the last decade, a noteworthy number of published studies have, in one fashion or another, been defined with reference to religious denominations. This is an arresting fact, for, coincidentally, the status of religious denominations in the society has been called into question. Some formerly powerful bodies have lost membership (at least relatively speaking) and now experience reduced influence, while newer forms of religious organization(s)—e.g., parachurch groups and loosely structured movements—have flourished. The most compelling recent analysis of religion in modern American society gives relatively little attention to them. Why, then, have publications in large numbers appeared, in scale almost seeming to be correlated inversely to this trend?No single answer to this question is adequate. Surely one general factor is that historians often “work out of phase” with contemporary social change. If denominations have been displaced as a form of religious institution in society in the late twentieth century, then their prominence in earlier eras is all the more intriguing.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

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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